L  B 


IRLF 


EXCHANGE 


ESOFNEW  HAMPSHIRE 


RELATING  TO 


PUBLIC  SCHOOLS 


COMPILED  FROM 


PUBLIC  STATUTES  AND   SESSION  LAWS  OF 

1 89 1  - 1 9 1 1 

INCLUSIVE 


DEPARTMENT  OF  PUBLIC  INSTRUCTION 


LAWS  OF  NEW  HAMPSHIRE 


RELATING  TO 


PUBLIC  SCHOOLS 


COMPILED  FROM 


PUBLIC   STATUTES  AND   SESSION  LAWS   OF 


1  89  1  -  1  9  1  1 


INCLUSIVE 


DEPARTMENT  OF  PUBLIC  INSTRUCTION 


MANCHESTER,  N.   H. 

PRINTED  BY  THE  JOHN   B.   CLARKE   COMPANY 
1911 


; 


SCHOOL   LAWS 


J. 


SCHOOL  MONEY. 


Required  by 
law. 


Money  for 
text-books 
and  supplies, 
high  school 
tuition,  flags 
and  other 
statutory   re- 
quirements,— 
how  raised. 


A.    Local  School  Money. 

The  selectmen  in  each  town  shall 
assess  annually  upon  the  polls  and 
ratable  estate  taxable  therein,  a  sum 
to  be  computed  at  the  rate  of  seven 
hundred  and  fifty  dollars  for  every 
dollar  of  the  public  taxes  apportioned 
to  such  town,  and  so  for  a  greater  or 
less  sum. 

[For  the  public  tax  apportioned  to  your 
town,  see  Laws  of  1911,  also  blanks  for  an- 
nual report  to  department  of  public  instruc- 
tion. Multiply  apportionment  for  your  town 
by  750,  and  the  result  will  be  money  required 
by  law.] 

The  school  board  of  each  district  in 
their  annual  report  shall  state  in  de- 
tail the  sums  of  money  which  will  be 
required  during  the  ensuing  fiscal 
year  for  the  purchase  of  text-books, 
scholars'  supplies,  flags  and  appurte- 
nances, and  for  the  payment  of  the 
tuition  of  the  scholars  of  the  district 
in  high  schools  and  academies  in  ac- 
cordance with  chapter  96  of  the  Laws 
of  1901,  and  for  the  payment  of  all 
other  statutory  obligations  of  the  dis- 
trict. The  selectmen  of  the  town,  in 
their  next  annual  assessment,  shall 
assess  upon  the  taxable  polls  and 
property  of  the  district  a  sum  suffi- 
cient to  meet  the  obligations  above 
enumerated  and  when  collected  shall 
pay  the  same  over  to  the  district 
treasurer. 


b 
4g>  iaws  1995. 


P.  S.  88:2,  as 
changed  by 
52,   laws  1909. 


249437 


SCHOOL   LAWS. 


School  money 
may  be  used 
for  what. 


Assignment  to 
districts. 


Penalty  for 
neglect  of 
selectmen  to 
assess,   etc. 


The  sums  so  raised  shall  be  appro-  p  g  g8.3 
priated  to  the  sole  purpose  of  main- 
taining public  schools  within  the 
town  [district]  for  teaching  reading, 
writing,  English  grammar,  arithmetic, 
geography,  and  such  other  branches 
as  are  adapted  to  the  advancement 
of  the  schools,  including  the  purchase 
of  fuel  and  other  supplies,  the  mak- 
ing of  occasional  repairs  upon  school- 
houses,  appurtenances,  and  furniture, 
and  the  conveyance  of  scholars  to  and 
from  school  as  provided  by  law. 

[Occasional  repairs  are  those  involving  a 
small  outlay,  not  more  than  five  percent  of 
the  total  school  money.  For  repairs  which 
amount  to  remodeling,  special  appropriations 
should  be  made.  For  conveyance  of  pupils 
not  more  than  25  percent  of  all  school  mon- 
eys may  be  used.] 

The  selectmen  shall  assign  to  each  P.  S.  88:4. 
district  a  proportion  of  such  money, 
according  to  the  valuation  of  the  dis- 
trict for  the  year,  or  in  such  other 
manner  as  the  town,  at  the  annual 
meeting,  shall  direct,  and  shall  pay 
over  the  same  to  the  school  board  of 
the  district. 

[In  most  cases  there  is  but  one  district  in 
a  town.  The  selectmen  therefore  will  pay 
over  the  entire  school  assessment  to  the  dis- 
trict treasurer  to  be  paid  out  on  the  order  of 
the  school  board.] 

When  a  guardian  and  ward  reside  in  **•  s-  *£'•$• 
the  same  town,  the  selectmen  shall 
assign  the  tax  assessed  upon  the 
ward's  personal  property  to  the 
school  district  in  which  the  ward  lives 
and  has  his  home. 

If  the  selectmen  neglect  to  assess,  P  s  8S:6 
assign,  or  pay  over  the  school  money 
as  aforesaid,  they  shall  pay  for  each 
neglect  a  sum  equal  to  that  so  neg- 
lected to  be  assessed,  assigned,  or 
paid  over,  to  be  recovered  by  action 


SCHOOL    MONEY. 


Penalty  for 
illegal  use  or 


on  part  of 
school  board. 


The  district 
may  raise 
money  addi- 
tional to  that 
required  by 
law. 


District  shall 
determine 
salaries  of 
officers. 


Selectmen 
shall  assess. 


of  debt,  in  the  name  and  for  the  use 
of  the  district  by  the  school  board. 

If  the  money  so  assigned  and  paid  p.  s.  88:7. 
over  to  the  school  board  of  any  dis- 
trict is  not  expended  by  them  accord- 
ing to  law,  they  shall  be  fined  not  ex- 
ceeding twice  the  sum  so  unexpended, 
or  not  legally  expended,  for  the  use 
of  the  district. 

[The  school  money  must  not  only  be  legally 
expended,  but  it  must  be  all  legally  expended 
in  the  maintenance  of  schools  during  the 
school  year  for  which  it  was  appropriated. 
School  money  cannot  lawfully  be  laid  up.] 

Any  district  may  raise  money  for  p<  s- 
the  support  of  schools  in  addition  to  f2m~" 
the  sum  required  by  law,  which  shall 
be  assessed,  collected  and  paid  over  to 
the  district  as  other  school  taxes;  and 
all  money  for  the  support  of  public 
schools,  except  that  provided  by  sec- 
tion 1  of  this  chapter,  and  all  moneys 
for  the  building,  repair  or  alteration 
of  schoolhouses,  for  the  improvement 
of  school  grounds,  and  for  any  other 
purpose  connected  with  the  adminis- 
tration, support,  equipment  and  im- 
provement of  the  public  schools,  ex- 
cepting purposes  already  provided  for 
by  statute,  shall  be  raised  only  in  a 
lawful  meeting  of  the  district. 

At  its   annual   meeting  each   school   22:1,  laws 
district    shall    determine    and    appoint   1909. 
the   salaries   of  its  school   board   and 
truant  officer  or  officers,  and  the  dis- 
trict  clerk   shall   certify   the   same   to 
the  selectmen. 

The  selectmen  shall  annually  assess   22.2    laws 
upon  the   polls  and  ratable  estate   of   1909! 
the     district     a     sum     equal     to     the 
amounts  determined  by  the  district  as 
prescribed  in  section  1,  and  shall  pay 
over  the    same   to   the   district   treas- 
urer. 


SCHOOL   LAWS. 


Dog   tax. 


Literary  fund. 


Literary  fund, 

distribution 

of. 


Literary  fund 
—may  be  used 
for  what. 


All  moneys  arising  from  the  taxa-  p  g  gg.^ 
tion  and  licensing  of  dogs,  remaining 
in  the  treasury  of  any  town  or  city 
on  the  first  day  of  April,  annually, 
which  is  not  due  to  holders  of  orders 
given  for  loss  of  or  damages  to  do- 
mestic animals  by  dogs,  shall  be  ap- 
plied to  the  support  of  the  public 
schools,  and  shall  be  assigned  to  the 
districts  as  other  school  money. 

B.    State  School  Money. 

All  taxes  collected  by  the  state  up-  P.  S.  88:9. 
on  the  deposits,  stock,  and  attending 
accumulations  of  depositors  and 
stockholders  of  savings  banks,  trust 
companies,  loan  and  trust  compa- 
nies, loan  and  banking  companies, 
building  and  loan  associations,  and 
other  similar  corporations,  who  do 
not  reside  in  this  state,  or  whose 
residence  is  unknown,  shall  be  known 
as  the  "literary  fund." 

The  state  treasurer  shall  assign  and  P.  S.  88:10. 
distribute,  in  November  of  each  year, 
the  literary  fund  among  the  towns 
and  places  in  proportion  to  the  num- 
ber of  scholars  not  less  than  five 
years  of  age  who  shall,  by  the  last 
reports  of  the  school  boards  returned 
to  the  superintendent  of  public  in- 
struction, appear  to  have  attended  the 
public  schools  in  such  towns  and 
places  not  less  than  two  weeks  with- 
in that  year. 

No    unincorporated    place    shall    re-  p.  s.  88:11. 
ceive  its  portion  until  a  treasurer  or 
school  agent  shall   have  been  chosen 
to  receive  and  appropriate  the  same 
as  required  by  law. 

The  portion  of  the  literary  fund  so   p    s    g8:12 
received   by  any   town   or   place   shall 
be  assigned  to  the  districts  as  other 
school  money,  and  shall  be  applied  to 


SCHOOL   MONEY. 


Literary  fund 
— penalty  for 
misuse  of. 


State   aid- 
towns  to 
receive. 


State   aid- 
average  at- 
tendance 
basis. 


the  maintenance  of  the  public  schools 
during  the  current  year;  one  fifth 
part  thereof  may  be  applied  by  the 
school  board  to  the  purchase  of  black- 
boards, dictionaries,  maps,  charts,  and 
school  apparatus. 

If  any  town  or  incorporated  place  p.  s.  88:13. 
or  the  agent  of  any  unincorporated 
place  shall  apply  any  money  so  re- 
ceived to  any  other  purpose,  the  town, 
place,  or  agent  so  offending  shall  re- 
fund to  the  state  treasury  double  the 
sum  so  misapplied. 

No  appropriation  of  money  provided  J^1'  lawa 
for  in  sections  2  to  3  inclusive  of  this 
act  shall  be  held  to  apply  to  towns 
having  an  equalized  valuation  of  more 
than  $7,000  per  pupil  of  average  at- 
tendance for  the  year  preceding;  or 
whose  population  by  the  last  pub- 
lished federal  census  is  more  than 
3,500;  or  whose  schools  have  been 
maintained  less  than  an  average  of 
thirty  weeks  for  the  school  year  next 
preceding;  or  whose  tax  rate  for 
school  purposes  is  less  than  $4.50  on 
one  thousand  dollars  of  equalized  val- 
uation; provided,  however,  that  the  last 
two  clauses  shall  not  be  in  force  until 
July  15,  1911:  — 

There  shall  annually  in  the  month    158:2,  lairs 
of    December    be    apportioned    to    all    ^OS. 
towns  not  excluded  by  the  terms  of 
section    1    and    as   hereafter   provided 
state  money   as  follows: 

I.  To  all  towns  having  an  equalized 
valuation    per    pupil    of    average    at- 
tendance of  less  than  $2,000,  the  sum 
of   $1.75    per    school   week   for    every 
twenty-five     pupils     or     major     part 
thereof    of    average    attendance    for 
the  year  next  preceding. 

II.  To   all   towns  having   an   equal- 
ized valuation  per  pupil   of  $2,000   or 
more  and  less  than  $3,000,  $1.50. 


SCHOOL   LAWS. 


State   aid- 
qualified 
teacher  basis. 


State   aid- 
district  super- 
vision  and 
high  school 
tuition. 


State   aid- 
appropriation 
for. 


III.  To  all  towns  having  an  equal- 
ized valuation   per  pupil   of  $3,000  or 
more  and  less  than  $4,000,  $1.25. 

IV.  To  all  towns  having-  an  equal- 
ized  valuation  per  pupil   of  $4,000  or 
more  and  less  than  $5,000,  $1.00. 

V.  To   all  towns   having  an   equal- 
ized  valuation   of  $5,000  or  more  and 
less  than  $7,000,  per  pupil,  $0.75. 

When     any     district     shall     employ    158:3,  laws 
graduates  of  a  New  Hampshire  Nor-    1909> 
mal  school,  or  of  any  Normal  school 
in  another  state  of  equivalent  grade, 
or  persons  holding  a  permanent  New 
Hampshire  state  teacher's  certificate, 
it  shall  receive  a  further  sum  of  $2.00 
per   week    for    every   teacher    so    em- 
ployed. 

There    shall    annually    be    reserved    158:4,   laws 
and  set  aside  from  the  appropriation    1909< 
provided  for  by  this  act  such  sums  as 
shall  be  needed  for  carrying  out  the 
provisions  of  chapter  77,  Session  Laws 
of    1899,   relating   to   district   supervi- 
sion, and  of  chapter  96,  Session  Laws 
of  1901,  relating  to  high  school  tuition. 

The  sum  of  $115,000  for  each  of  the  158:5,  laws 
years  1911-12;  1912-13  annually  is  here-  1909- 
by  appropriated  to  carry  into  effect 
the  provisions  of  this  act,  and  any 
portion  of  such  appropriation  as  shall 
remain  unexpended  in  any  year  shall 
remain  in  the  state  treasury  for  use 
in  subsequent  years,  and  if  in  any 
year  the  above  appropriation  and  ac- 
cumulated surplus  shall  prove  insuffi- 
cient, then  towns  having  the  highest 
equalized  valuation  per  pupil  shall  be 
omitted  in  order  from  the  distribu- 
tion provided  for  in  sections  2  and  3. 

The  sum  appropriated  by  section  5    158:6,   laws 
shall  be  in  place  of  the  annual  appro- 
priations of  $25,000  and  $8,000  provided 
by  chapter  77,  Laws  of  1899,  and  chap- 


SCHOOL   MONEY. 


Penalty  for 
not  making 
returns. 
Minimum 
school  year. 


High  school 
tuition  rebate. 
See  also  under 
High  Schools. 


4'  laws 


ter  90,  Laws  of  1901,  and  amendments 
thereto,  respectively,  and  such  appro- 
priations shall  be  discontinued  upon 
the  passage  of  this  act. 

All  money  appropriated  by  this  act  153:7,  iaws 
shall    be   expended   under   the    super-   1909. 
vision  of  the  governor  and  council. 

No    town   shall   receive   any   benefit   77:7,  laws 
under  this  act  nor  any  portion  of  the   1899. 
literary  fund  unless  its  returns  have 
been  made   to  the   superintendent   of 
public     instruction,     as     required     by 
chapter  92,   section   13,   of  the  Public 
Statutes,  nor  unless  its   schools  have 
been     maintained     at     least     twenty 
weeks    during   the    school    year    next 
preceding. 

[Such  sum  as  may  be  needed]  shall  96.3    Iawg 
be    appropriated    annually    from    the   1961',  as 
state  treasury  for  the  payment  of  tui-  amended  by 
tion    in   high    schools   and    academies, 
to  be   paid  by  the  state  treasurer  in 
the  month  of  December  of  each  year 
to  the  treasurers  of  such  towns  as  are 
entitled,    and    in    such    manner    as    is 
hereinafter    provided,    upon    a    sworn 
certificate    of    the    superintendent    of 
public  instruction  of  the  sums  due. 

Towns  whose  rate  of  taxation  for 
school  purposes  in  any  year  is  $3.50  or 
more  on  $1,000,  and  whose  average 
rate  of  taxation  for  all  purposes  for 
five  years  next  preceding  is  $16.50  or 
more  on  $1,000,  shall  receive  a  share 
of  said  appropriation  as  follows: 

If  the  tax  rate  is  from  $16.50  to 
$17.49,  one  tenth  of  the  tuition  paid. 

If  the  tax  rate  is  from  $17.50  to 
$18.49,  two  tenths  of  the  tuition  paid. 

If  the  tax  rate  is  from  $18.50  to 
$19.49,  three  tenths  of  the  tuition  paid. 

If  the  tax  rate  is  from  $19.50  to 
$20.49,  four  tenths  of  the  tuition  paid. 

If  the  tax  rate  is  from  $20.50  to 
$21.49,  five  tenths  of  the  tuition  paid. 


10  SCHOOL   LAWS. 

If  the  tax  rate  is  from  $21.50  to 
$22.49,  six  tenths  of  the  tuition  paid. 

If  the  tax  rate  is  from  $22.50  to 
$23.49,  seven  tenths  of  the  tuition 
paid. 

If  the  tax  rate  is  from  $23.50  to 
$24.49,  eight  tenths  of  the  tuition  paid. 

If  the  tax  rate  is  from  $24.50  to 
$25.49,  nine  tenths  of  the  tuition  paid. 

Over  $25.49,  the  whole  of  such  tui- 
tion. 

Summary  of  Sources  of  Regular  School 
Revenue. 

A.  Local. 

1.  Money  required  by  law. 

2.  Money  f  cr  statutory  require- 

ments. 

3.  Additional  raised  by  district. 

4.  Dog  tax. 

5.  Assessment    for    salaries    of 

officers. 

6.  In  some  cases  local  revenue 

peculiar  to   towns   or  dis- 
tricts in  which  it  appears. 

B.  State. 

7.  Literary  fund. 

State  aid  covering 

8.  General  distribution. 

9.  District  supervision  rebate. 
10.     High  school  tuition  rebate. 

II. 

SCHOOL  DISTRICTS. 

Definition  of  Each  town  shall  constitute  a  single    p.  s.  89:1,  as 

term  "dis-          district  for  school  purposes,  provided,    amended  by 
however,   that   districts   organized   un-   23-  laws  ] 
der  special  acts  of  the  legislature  may 
retain  their  present  organization,  and 
the    word    "town"    wherever    used    in 


SCHOOL   DISTRICTS. 


11 


Districts  to 
be  corpora- 
tions. 


Districts  may 
raise  money 
other  than 
regular  school 
money  for 
what. 


Districts  may 
hire  money— 
for  what — 
how. 


District  taxes. 


the  statutes  in  connection  with  the 
government,  administration,  support, 
or  improvement  of  the  public  schools 
shall  be  held  to  mean  district. 

All  districts  legally  organized  shall 
be  corporations,  with  power  to  sue 
and  be  sued,  to  hold  and  dispose  of 
real  and  personal  property  for  the 
use  of  the  schools  therein,  and  to 
make  necessary  contracts  in  relation 
thereto. 

'School  districts  may  raise  money 
to  procure  land  for  schoolhouse  lots, 
and  for  the  enlargement  of  existing 
lots,  to  build,  purchase,  rent,  repair, 
or  remove  schoolhouses  and  outbuild- 
ings, to  procure  insurance,  to  plant 
and  care  for  shade  and  ornamental 
trees  upon  schoolhouse  lots,  to  pro- 
vide suitable  furniture,  books,  maps, 
charts,  apparatus,  and  conveniences 
for  schools,  and  to  pay  debts. 

Any  school  district  may  raise 
money  for  the  purchase  of  suitable 
vehicles  for  the  transportation  of 
school  children. 

School  districts  may  hire  money  for 
building  or  repairing  schoolhouses, 
and  procuring  and  grading  lots  for 
the  same  upon  the  promissory  notes 
or  bonds  of  the  district.  If  the  monev 
is  so  hired  upon  the  note  or  notes  of 
the  district,  said  note  or  notes  shall 
be  signed  by  the  district  treasurer 
and  by  the  school  board,  and  if  upon 
the  bonds  of  the  district,  said  bonds 
shall  be  issued  under  and  by  virtue 
of,  in  conformity  with,  and  subject  to 
limitations  of  chapter  43,  Laws  of 
1895,  entitled  "The  Municipal  Bonds 
Act." 

In  the  assessment  of  school-district 
taxes,  every  person  shall  be  taxed  in 
the  district  in  which  he  lives  for  his 


p.  s.  89:2,  as 
amended  by 
23>  laws  1909- 


P.  S.  89:3. 


Laws  of  1911. 


amended'  b 
138,   laws 
1909. 


p   g, 


12 


.SCHOOL   LAWS. 


District    high 
school. 


Joint  schools 
of  two  or 
more  dis- 
tricts. 


Contract  with 
academy  or 
other  literary 
institution. 


poll  and  his  personal  estate  subject 
to  taxation  in  town.  Real  estate 
shall  be  taxed  in  the  district  in  which 
it  is  situated. 

The  selectmen  may  make  a  new  in-    P.  S.  89:7. 
voice   of  all  the  property  in   the  dis- 
trict when  necessary  for  the  just  as- 
sessment of  such  taxes. 

If  such  taxes  are  assessed  after  the  P.  S.  89:8. 
first  day  of  July  in  any  year  upon  the 
property  of  nonresidents,  the  col- 
lector shall  send  to  the  owners  of 
said  property,  or  to  their  agents,  if 
known,  a  bill  of  their  taxes  within  two 
months  after  the  delivery  of  the  list 
to  him,  and  shall,  at  the  expiration 
of  four  months  after  such  delivery, 
advertise  and  sell  the  property  on 
which  the  taxes  have  not  been  paid 
in  the  same  manner  as  if  such  taxes 
had  been  assessed  in  April  preceding. 

Any  school  district  may,  by  vote  or  P.  S.  89:9. 
by-law,  establish  and  maintain  a  high 
school  in  which  the  higher  English 
branches  of  education  and  the  Latin, 
Greek,  and  modern  languages  may  be 
taught. 

Two  or  more  adjoining  districts  in  P.  S.  89:10. 
the  same  or  different  towns  may 
make  contracts  with  each  other  for 
establishing  and  maintaining  jointly 
a  high  or  other  public  school  for  the 
benefit  of  their  scholars,  and  may 
raise  and  appropriate  money  to  carry 
the  contracts  into  effect;  and  their 
school  boards,  acting  jointly  or  other- 
wise, shall  have  such  authority  and 
perform  such  duties  in  relation  to 
schools  so  maintained  as  may  be  pro- 
vided for  in  the  contracts. 

Any    school    district    may    contract    P-  S.  89:11  as 
with 'an  academy,  seminary,  or  other 
literary  institution  located  within  its 
limits    or    in    its    immediate    vicinity. 


SCHOOL   DISTRICTS. 


13 


Towns  border- 
ing on  state 
line  may  con- 
tract with   in- 
stitutions in 
another   state. 
Entitled    to 
rebate  from 
state   under 
96,    laws    1901. 


for  furnishing  instruction  to  its  schol- 
ars; and  the  school  money  may  be 
used  to  carry  the  contract  into  effect; 
provided,  however,  that  the  superinten- 
dent of  public  instruction  shall  have 
full  power  and  authority  to  terminate 
such  contracts  whenever  in  his  judg- 
ment the  educational  interests  of 
the  districts  so  require 

[Contracts  made  with  corporations  outside 
the  state  are  not  considered  valid,  except  in 
the  cases  specified  in  the  sections  below.] 

Any  school  district  may  make  con- 
tracts with  any  academies  or  high 
schools  or  other  literary  institutions 
located  in  the  state  for  furnishing  in- 
struction to  its  scholars;  and  such 
school  district  may  raise  and  appro- 
priate money  to  carry  into  effect  any 
contracts  in  relation  thereto.  Then 
every  such  academy  or  high  school  or 
literary  institution  shall  be  deemed 
a  high  school  maintained  by  such  dis- 
trict, if  approved  by  the  superinten- 
dent of  public  instruction  in  accord- 
ance with  section  4  of  this  act. 

The  school  districts  in  the  towns  of 
Walpole,  Mason,  Rollinsford  and  Con- 
way  may  make  contracts  with  Bel- 
lows Falls,  Vt.,  Townsend,  Mass.,  Ber- 
wick Academy,  Me.,  and  Fryeburg 
Academy,  Me.,  respectively,  for  fur- 
nishing instruction  to  their  pupils  of 
high  school  grade,  and  may  raise  and 
appropriate  money  to  carry  "such  con- 
tracts into  effect. 

Any  school  district  in  towns  border- 
ing on  the  state  line,  not  having  a 
high  school  or  school  of  correspond- 
ing grade,  may  make  contracts  with 
high  schools  or  academies  in  towns 
and  cities  located  out  of  the  state, 
whenever  by  reason  of  distance  and 
transportation  facilities  such  schools 


96.6,    laws 
1901,  as 
amended  by 
90,  laws  1905 


122,  laws 
1907. 


96.7,    laws 
1901,     as 
amended  by 
100,  laws 
1909. 


14 


SCHOOL   LAWS. 


outside  the  state  are  more  accessible 
to  the  pupils,  and  may  raise  and  ap- 
propriate money  to  carry  such  con- 
tracts into  effect;  provided,  however, 
that  every  such  academy  or  high 
school  shall  be  approved  by  the  super- 
intendent of  public  instruction,  in  ac- 
cordance with  section  4,  chapter  96, 
Session  Laws  of  1901,  and  acts  in 
amendment  thereof  and  addition 
thereto. 

Any  district  in  a  town  bordering  96.8,  laws 
on  the  state  line  not  maintaining  a  l&Ol,  as 
high  school  or  school  of  correspond-  JjJeiJaws  b3 
ing  grade  shall  pay  for  the  tuition  of  1909. 
any  child,  who,  with  parents  or  guar- 
dian resides  in  said  district  and  who 
attends  a  high  school  or  academy  lo- 
cated out  of  the  state,  whenever  by 
reason  of  distance  and  transportation 
facilities  such  schools  outside  the 
state  are  more  accessible  to  the  pu- 
pils; provided,  however,  that  every  such 
academy  or  high  school  shall  be  ap- 
proved by  the  superintendent  of  pub- 
lic instruction,  in  accordance  with 
section  4,  chapter  96,  Session  Laws 
of  1901,  and  acts  in  amendment  there- 
of and  addition  thereto,  and  the  par- 
ents or  guardian  of  such  child  shall 
notify  the  school  board  of  the  district 
in  which  he  reside^  of  the  high  school 
or  academy  which  he  desires  to  at- 
tend, and  the  approval  of  the  school 
board  shall  be  necessary  in  all  cases 
arising  under  this  section. 

Towns  paying  for  tuition  of  schol-  96^9,  laws 
ars  in  high  schools  or  academies  out 
of  the  state  shall  be  entitled  to  share 
in  the  annual  appropriation  of  the 
state  for  such  tuition,  and  in  the  lit- 
erary fund,  so  called,  in  the  same 
manner  as  towns  paying  for  the  tui- 
tion of  children  attending  a  high 
school  or  academy  in  the  state. 


100,  laws 


by 


SCHOOL   DISTRICTS. 


15 


Admission   of 
scholars  from 
other  dis- 
tricts. 


Districts  situ- 
ate in  two  or 
more  towns. 


Dissolution  of 
special  dis- 
trict. 


Each  district  may  determine  upon  p  g  gg:i2. 
what  terms  scholars  from  other  dis- 
tricts or  towns  may  be  admitted  into 
its  schools.  If  the  district  neglects 
to  make  such  determination,  the 
school  board  may  do  it. 

Every  district  situate  in  two  or  p.  s.  89:13. 
more  towns  shall  be  entitled  to  its 
just  proportion  of  school  taxes,  in- 
come of  school  funds,  literary  fund, 
and  dog  tax  in  each  town,  according 
to  the  valuation  of  polls  and  property 
taxable  therein. 

Any  school  district  organized  under  P.  S.  39:14. 
a  special  act  of  the  legislature  may, 
by  a  majority  vote  of  the  qualified 
voters  present  and  voting  at  a  legal 
meeting,  dissolve  its  corporate  exis- 
tence and  unite  with  the  town  dis- 
trict. 

In  such  case  the  town  district  so  P.  S.  89:15. 
formed  shall  forthwith  take  posses- 
sion of  the  schoolhouses,  lands,  appa- 
ratus, and  other  property  owned  and 
used  for  school  purposes  by  the  dis- 
trict so  dissolved  which  the  district 
might  lawfully  sell  or  convey. 

The  property  so  taken,  and  also  P.  S.  89:16. 
like  property  of  the  district  to  which 
the  special  district  is  united,  shall  be 
appraised  by  the  selectmen  of  the 
town,  and  at  the  next  annual  assess- 
ment a  tax  shall  be  levied  upon  the 
whole  town  district  equal  to  the 
amount  of  the  whole  appraisal;  and 
there  shall  be  remitted  to  the  taxpay- 
ers of  each  district  the  appraised 
value  of  its  property. 

If  a  district  so  dissolved  is  formed  P.  S.  89:17. 
of  parts  of  two  or  more  towns,  an 
equitable  apportionment  of  its  assets 
and  liabilities  between  such  parts 
shall  be  made  by  the  selectmen  of 
the  towns  in  which  they  are  situate, 


16  SCHOOL   LAWS. 

acting  as  a  joint  board,  within  sixty 
days  after  the  dissolution. 

If  such  joint  board  fail  to  make  an  P.  S.  89:18. 
apportionment  within  the  time  lim- 
ited therefor,  any  taxpayer  within  the 
district  may  apply  by  petition  to  a 
judge  of  the  supreme  court  for  the 
appointment  of  a  referee  to  make  the 
apportionment. 

The  judge  shall  appoint  a  time  and  p-  s-  89:19. 
place  of  hearing  upon  the  petition, 
and  order  notice  thereof  to  be  given 
to  all  parties  interested,  and  after 
hearing  them  he  shall  appoint  a  ref- 
eree. 

The  notice  shall  be  served  by  post-  P-  S.  89:20. 
ing  copies  of  the  petition  and  order 
thereon  in  at  least  two  public  places 
in  each  of  said  parts,  and  by  giving  to 
the  clerk  of  the  dissolved  district, 
and  the  clerk  of  each  town  district  in 
which  any  part  thereof  is  located, 
like  copies  ten  days  at  least  before 
the  day  of  hearing." 

The  referee  shall  cause  notice  of  his  R  s-  89:2L 
hearing  to  be  given  to  all  parties  in- 
terested, in  the  same  manner  as  is 
provided  in  the  preceding  section.  He 
shall  hear  the  parties,  make  his  re- 
port in  writing,  and  file  a  copy  there- 
of with  the  clerk  of  the  dissolved 
district  and  the  clerk  of  each  town 
interested;  and  the  report,  so  made 
and  filed,  shall  be  final. 

Upon  receiving  a  copy  of  the  appor-  P.  S.  89:22. 
tionment,  the  selectmen  shall  assess 
upon  that  part  of  the  district  within 
their  town  the  amount  for  which  it 
is  charged,  and  cause  the  same  to  be 
collected  and  paid  to  the  town  district 
in  which  the  creditor  part  of  the  dis- 
solved district  is  situated. 

The    town    district    shall    take    the    P.  S.  89:23. 
property  and  assets  of  that  part  of 


SCHOOL   DISTRICTS.  17 

the  dissolved  district  which  is  situ- 
ate in  such  town  district,  and  the  se- 
lectmen of  the  town  shall  assess  and 
remit  taxes  with  reference  to  the 
property  so  taken,  and  like  property 
of  the  town  district,  the  same  as  in 
other  cases. 

The  corporate  powers  of  a  district  p.  s.  89:24. 
shall  continue  for  the  purpose  of  set- 
tling- up  its  affairs  and  of  holding-, 
managing-,  and  enjoying-  any  property 
held  by  it  in  trust,  notwithstanding 
its  dissolution,  but  the  school  board 
of  the  district  of  which  it  forms  a 
part  shall  be  its  agents  to  expend  the 
income  of  any  such  trust  property 
that  is  devoted  to  the  support  of 
schools. 

The  school  board  shall  first  give  to  p.  s.  89:25. 
such  district  or  districts  such  term  or 
character  of  schooling  as  would  be 
just  and  reasonable  if  no  such  fund 
were  in  existence,  and  only  use  the 
income  to  lengthen  the  school  or 
schools,  or  to  carry  out  the  purposes 
of  the  trust  under  which  the  funds 
are  held. 

Any  justice  of  the  peace  may,  upon  P.  S.  89:26. 
application  of  three  or  more  voters, 
resident  within  the  limits  of  the  dis- 
solved district,  call  a  meeting  thereof 
in  the  same  manner  as  other  school 
district  meetings  are  called,  at  which 
a  moderator,  clerk,  and  agents  may 
be  chosen,  and  any  other  business 
transacted  for  the  purposes  men- 
tioned in  section  24  of  this  chapter. 

The  records  of  dissolved  school  dis-  p.  s.  89:27. 
tricts  whose  corporate  existence  is 
not  continued  for  any  purpose  shall 
be  returned  by  the  clerks  of  such  dis- 
tricts to  the  town  clerk's  office  for 
preservation  with  the  public  records 
of  the  town. 


18 


SCHOOL   LAWS. 


Maintenance 
of    high 
schools  in 
dissolved  spe- 
cial  districts. 


Annexation  of 
territory  situ- 
ate in  one 
district  to  an- 
other district 
for  school 
purposes. 


Whenever  any  school  district  organ-  64:1,  laws 
ized  under  a  special  act  of  the  legis-  ^l. 
lature  shall  vote  to  abolish  such  dis- 
trict and  to  unite  with  the  town  dis- 
trict, if  said  town  district  shall  vote 
to  receive  said  special  district,  if  said 
special  district  has  for  the  five  years 
next  preceding  such  vote  maintained 
a  high  school,  it  shall  be  incumbent 
on  the  town  district  with  which  it 
unites  to  thereafter  keep  and  main- 
tain within  the  limits  of  said  special 
district  a  high  school  for  at  least  thir- 
ty-four weeks  in  each  year,  and  of 
equal  grade  to  that  which  had  been 
previously  maintained  therein  by  such 
special  district,  said  high  school  to  be 
open  to  all  scholars  in  the  town  dis- 
trict, of  suitable  age  and  qualifica- 
tions. 

It   shall   be   the  duty  of   said   town    64:2,  laws 
district  to  raise  and  appropriate  each    1891. 
year    thereafter    sufficient    money    in 
addition   to   the   school  money  which 
the  town  in  which  it  is  situated  may 
raise,  to  properly  maintain  such  high 
school,   or  schools,   as  may  be  estab- 
lished under  the  preceding  section. 

Any  high  school  hereby  established    64:3,  laws 
may  be  discontinued  or  the  location    1891« 
thereof     changed,     by     the     supreme 
court,  on  petition  of  the  school  board 
of  the  town  district  in  which  it  is  lo- 
cated, after  such  notice  as  the  court 
may  order,  if  it  shall  appear  that  the 
educational  interests  of  the  town  dis- 
trict  require    such   discontinuance   or 
change. 

Any   person   interested   in   severing    72:1,  laws 
part  of  any  town  therefrom  and  an-   ISJtf. 
nexing  it  to  another  town,  or  school 
district  therein,   for  school  purposes, 
may  apply  therefor  by  petition  to  the 
selectmen  of  the  town  from  which  it 


SCHOOL   DISTRICTS.  19 

is  proposed  to  sever  such  territory, 
and  to  the  selectmen  of  the  town  to 
which  it  is  proposed  to  annex  the 
same. 

It  shall  be  the  duty  of  said  select-  72:2,  laws 
men,  upon  notice  to  such  petitioners  1893. 
and  to  the  school  boards  of  the  re- 
spective towns  and  school  districts  in- 
terested in  the  proposed  transfer,  to 
hear  the  parties,  and  determine 
whether  the  reasonable  accommoda- 
tion of  such  petitioners  or  others  re- 
quires such  transfer,  and  to  make  re- 
turn of  their  findings  to  the  clerks  of 
their  respective  towns  in  writing 
within  thirty  days. 

If  a  majority  of  each  of  said  boards    72:3,  laws 
of  selectmen  report  in  favor  of  such    1893. 
transfer,  they  shall  sign  a  certificate 
of    that    fact,    describing    such    terri- 
tory, and  stating  that  it  is  annexed  to 
such  adjoining  town,  or  district  there- 
in   for    school    purposes,    which    cer- 
tificate shall  be  recorded  by  the  town 
clerk  of  each  town. 

Any  territory  now  or  hereafter  an-    72.4j  lawg 
nexed  for  school  purposes  to  an   ad-    igg's! 
joining  town  or  school  district  there- 
in,   may,    upon    proceedings    such    as 
have  been  prescribed  in  the  foregoing 
sections    of   this   act,    be   restored   to 
the    town    or    district   from   which    it 
has  been  severed. 

The   annexation    of   territory  under    72:5>  lawg 
this  act  shall  have  the  same  force  and    189s! 
validity  as  if  made  by   a   special  act 
of  the  legislature. 

The  selectmen  and  collector  of  any    72:6  laws 
town  to  which  part  of  any  other  town    1893. 
is  now  or  may  hereafter  be  annexed 
for    school    purposes    shall    have    the 
same  powers  and  duties  in  respect  to 
such  annexed  territory,  of  furnishing 
blank    inventories    and    of    assessing 


20  SCHOOL   LAWS. 

and  collecting  taxes  for  school  pur- 
poses, and  the  inhabitants  and  own- 
ers thereof  shall  for  such  purposes  be 
subject  to  the  same  liabilities,  as  if 
such  territory  were  in  the  town  to 
which  it  is  or  may  be  annexed. 

Section  6  of  chapter  72  of  the  Ses-    72:6,  laws 
sion  Laws  of  1893  shall  not  apply  to    1893,  as 
special  districts,  but  only  to  town  dis-   f^aws*  1897 
tricts,  and  all  special  taxes  voted  by 
said    districts    shall    be    assessed    and 
collected  in  the  same  manner  as  they 
were  assessed  and  collected  prior  to 
the  enactment  of  said  chapter  72. 

The  selectmen  of  any  town,  and  the  I™ 
school  board  of  any  high  school  or  amended  by 
other  special  district  in  the  same  75,  laws  1895. 
town,  may,  upon  petition  of  persons 
interested,  after  notice  to  the  school 
board  of  the  town  school  district  of 
such  town,  and  after  hearing  the  par- 
ties, unite  parts  of  either  district  to 
the  other,  a  majority  of  the  board  of 
selectmen  and  a  majority  of  the 
school  board  of  such  special  district, 
and  a  majority  of  the  school  board  of 
the  town  school  district  concurring 
therein,  and  their  decision  in  writing 
being  recorded  on  the  town  records. 

Summary  of  Chief  Powers  of  District. 

1.  May     raise     money     for     general 

school   purposes   in   addition   to 
that  required  by  law. 

2.  May    raise    money    for    buildings 

and  lots. 

3.  May  hire  money  for  schoolhouse 

construction. 

4.  May  establish  high  school. 

5.  May  contract  with  other  districts 

for       maintenance       of       joint 
schools. 


SCHOOL   DISTRICTS. 


21 


6.  May   contract   with   literary   insti- 

tution for  furnishing  tuition. 

7.  May    determine    on    what     terms 

pupils  from  other  districts  may 
be  admitted  to  its  schools. 

8.  May   locate    schoolhouses,   fix   sal- 

aries of  school  board  and  tru- 
ant officers. 

9.  May     raise     money     to     purchase 

wagons. 

Some  Things  a  District  May  Not  Do. 

1.  Transcend   any  statutory  require- 

ment. 

2.  Fix  length  of  school  year. 

3.  Fix  salaries  of  teachers. 

4.  Establish    and    locate    or    discon- 

tinue common  schools. 

III. 


Special  meet- 
ing. 


3IEETIXG6  AND  OFFICERS  OF  SCHOOL  DIS- 
TRICTS. 

Time   r:  an-         A  meeting   of   every  school  district    p.    S.    90:1. 

nu?i  meeting,  shall  be  holden  annually  between  the 
first  day  of  March  and  the  twentieth 
day  of  April,  inclusive,  for  the  choice 
of  district  officers  and  the  transac- 
tion of  other  district  business. 

A  special  meeting  of  a  school  dis-  p.  s.  90:2. 
trict  shall  be  holden  whenever,  in  the 
opinion  of  the  school  board,  there  is 
occasion  therefor,  or  whenever  ten  or 
more  voters,  or  one  sixth  of  the  vot- 
ers of  the  district,  shall  have  made 
written  application  to  the  school 
board  therefor,  setting  forth  the  sub- 
ject-matter upon  which  action  is  de- 
sired. 

No     village     district     or     precinct,    121,   laws 
school  district,  highway  district,  fire    1907- 
district  or  other  like  subdivision  of  a 


W  SCHOOL   LAWS. 

town,  shall  raise  or  appropriate 
money  at  any  special  meeting  of  the 
inhabitants  thereof,  except  by  vote  by 
ballot,  nor  unless  the  ballots  cast  at 
such  meeting  shall  be  equal  in  num- 
ber to  at  least  one  half  of  the  num- 
ber of  legal  voters  of  such  district 
at  the  regular  meeting  next  preceding 
such  special  meeting;  and  if  a  check- 
list was  used  at  the  last  preceding 
regular  meeting,  the  same  shall  be 
used  to  ascertain  the  number  of  legal 
voters  in  said  district;  and  such 
checklist,  corrected  according  to  law, 
may  be  used  at  such  special  meeting 
upon  request  of  ten  legal  voters  of 
the  district.  v 

Place  of  School-district     meetings     may     be    p.  s.  90:3. 

meeting.  held   at  the   usual   place   where   town 

meetings  of  the  town  are  held,  or  at 
such  other  suitable  place  as  in  the 
opinion  of  the  officers  calling  the 
meeting  will  best  accommodate  the 
voters. 

Warrant  for  They  shall  be  warned  by  the  school    P.  S.  90:4. 

meeting.  board,  or,  in  cases  authorized  by  law, 

by  a  justice  of  the  peace,  by  a  war- 
rant addressed  to  the  inhabitants  of 
the  district  qualified  to  vote  in  dis- 
trict affairs,  stating  the  time  and 
place  of  the  meeting  and  the  subject- 
matter  of  the  business  to  be  acted 
upon. 

The  officers  issuing  a  warrant  for  a  P.  s.  90:5. 
district  meeting  shall  insert  therein 
any  subject  matter  for  which  appli- 
cation has  been  made  to  them  in  writ- 
ing by  ten  or  more  voters,  or  by  one 
sixth  of  the  voters  of  the  district. 

The  school  board  or  justice  issuing  p  s  j^.g 
a  warrant  shall  cause  an  attested 
copy  of  it  to  be  posted  at  the  place 
of  meeting,  and  a  like  copy  at  one 
other  public  place  in  the  district, 
fourteen  days  before  the  day  of  meet- 
ing. 


SCHOOL   DISTRICTS. 


23 


Qualification 
for  voting. 


Check-list  at 
school  meet- 
ings. 


If  the  school  board  does  not  cause  P.  S.  90:7. 
a  warrant  for  the  annual  meeting  to 
be  posted  on  or  before  the  second 
Tuesday  of  March,  in  any  year,  or  for 
a  special  meeting  within  ten  days  af- 
ter application  therefor  is  made  to 
them,  a  justice  of  the  peace,  upon  ap- 
plication of  ten  or  more  voters,  or  of 
one  sixth  of  the  voters  of  the  district, 
may  issue  such  warrant  and  cause  it 
to  be  posted. 

The  warrant,  with  a  certificate  P.  S.  90:8. 
thereon,  verified  by  oath,  stating  the 
time  and  places  when  and  where  cop- 
ies of  it  were  posted,  shall  be  gven  to 
the  clerk  of  the  district  at  or  before 
the  time  of  the  meeting,  and  shall  be 
recorded  by  him  in  the  records  of  the 
district. 

Any  person,  whether  male  or  fe-  p.  s.  90.9. 
male,  but  in  all  other  respects  except 
sex  qualified  to  vote  in  town  affairs, 
may  vote  at  school-district  meetings 
in  the  district  in  which  such  person 
has  resided  and  had  home  three 
months  next  preceding  the  meeting. 

Upon  petition  of  ten  legal  voters  of  p.  s.  90:10. 
any  district,  presented  in  January,  or 
if  the  district  at  its  annual  meeting 
shall  have  voted  that  a  checklist  be 
used  at  future  meetings,  the  school 
board  shall  make,  post,  and  correct  a 
list  of  the  legal  voters  in  the  district, 
as  supervisors  are  required  to  do  in 
regard  to  the  list  of  voters  in  their 
towns;  and  such  list  shall  be  used  and 
checked,  at  the  election  of  officers 
and  otherwise,  at  the  annual  meeting 
of  the  district,  as  in  case  of  town 
meetings. 

[Section  10  was  amended  by  chapter    97   jaws  1895 
97    of   Session    Laws    of    1895,    as    fol- 
lows: 


-SCHOOL   LAWS. 


Penalty  for 
illegal  voting, 


Officers. 


That  section  10  of  chapter  90  of  the 
Public  Statutes  shall  not  be  applica- 
ble to  any  special  school  district  in 
this  state,  unless  a  petition  for  a 
checklist  shall  be  signed  by  five  per- 
cent of  the  legal  voters  of  the  dis- 
trict.] 

If  any  person  under  the  age  of  p.  s.  90:11. 
twenty-one  years,  or  any  alien  not 
naturalized,  or  any  person  who  has 
not  resided  and  had  his  home  in  the 
district  for  three  months  and  in  the 
town  for  six  months  preceding,  shall 
yote  in  any  district  meeting,  or  if  any 
person  shall  give  in  more  than  one 
vote  for  any  officer  voted  for  at  the 
meeting,  or  if  any  person,  being  un- 
der examination  before  the  school 
board  as  to  his  qualifications  as  a 
voter,  shall  give  any  false  name  or 
answer,  he  shall  be  fined  not  exceed- 
ing thirty  dollars,  or  be  imprisoned 
not  exceeding  three  months. 

The  officers  of  every  school  district  P.  S.  90:12. 
for  which  the  law  does  not  otherwise 
provide  shall  be  a  moderator,  a  clerk, 
a  school  board  of  three  persons,  a 
treasurer,  and  one  or  more  auditors, 
and  such  other  officers  and  agents  as 
the  voters  may  judge  necessary  for 
managing  the  district  affairs. 

While  any  district  maintains  a  high  P.  S.  90:13. 
school  or  unites  with  another  district 
in  maintaining  one,  it  may  have  a 
school  board  consisting  of  three,  six 
or  nine  members,  as  it  shall  deter- 
mine by  vote  or  by-law.  Whenever 
it  ceases  to  maintain  or  to  unite  in 
maintaining  a  high  school,  it  shall 
thereafterwards  elect  only  one  mem- 
ber to  the  school  board  each  year  to 
fill  vacancies  occurring  from  expira- 
tion of  term  of  service,  so  that  the 
board  will  decrease  in  numbers,  year 


SCHOOL   DISTRICTS. 


25 


Manner  of 
election. 


Term   of 
cers. 


by  year,  until  it  shall  be  composed 
of  only  three  members. 

Eligibility  to         No  person   shall  be  eligible  to   any    £•  s-  n, 

school-district  office  unless  he  is  a  20'  lt 
voter  in  the  district.  No  person  hold- 
ing office  as  a  member  of  a  school 
board  shall  at  the  same  time  act  as 
district  treasurer  or  auditor,  nor  shall 
any  member  of  a  school  board  be  em- 
ployed as  a  teacher  in  his  district. 

The  moderator   shall  be  chosen  by    p.  s.  90:15, 
ballot,  by  a  plurality  vote;   the  clerk,    as  amended 
school  board,   and  treasurer  shall  be    1^97         WS 
chosen  by  ballot,  by  a  majority  vote. 
The     moderator,     clerk,     and     school 
board  shall  be  sworn. 

One  third  of  the  members  of  the  P.  S.  90:  16. 
school  board  shall  be  chosen  each 
year  to  hold  office  for  three  years, 
and  until  their  successors  are  chosen 
and  qualified,  and  vacancies  in  the 
board  shall  be  filled  so  as  to  preserve 
such  succession  in  office.  All  other 
officers  shall  be  chosen  annually,  and 
shall  hold  office  for  one  year,  and  un- 
til their  successors  are  chosen  and 
qualified. 

The  moderator  shall  have  the  like  P.  S.  90:17. 
power  and  duty  as  a  moderator  of  a 
town  meeting  to  conduct  the  business 
and  to  preserve  order,  and  may  ad- 
minister oaths  to  district  officers  and 
in  the  district  business.  In  case  of  a 
vacancy  or  absence,  a  moderator  pro 
tempore  may  be  chosen. 

Clerk.  The  clerk  shall  keep  a  true  record    P.  S.  90:18. 

of  all  the  doings  of  each  meeting; 
shall  deliver  to  the  selectmen  of  the 
town  an  attested  copy  of  every  vote 
to  raise  money  within  ten  days  after 
the  meeting;  shall  make  an  attested 
copy  of  any  record  of  the  district  for 
any  person  upon  request  and  tender 
of  legal  fees  therefor;  shall  act  as 


Moderator. 


SCHOOL   LAWS. 


moderator  of  any  meeting  until  a 
moderator  pro  tempore  shall  be  chosen, 
if  the  moderator  is  absent  or  the  of- 
fice has  become  vacant;  and  shall 
have  the  same  power  to  administer 
oaths  which  the  moderator  has.  If 
the  clerk  is  absent  at  any  meeting, 
a  clerk  pro  tempore  shall  be  chosen. 

The  clerk  of  every  school  district  p-  S.  90:19. 
shall,  forthwith,  after  the  election 
from  time  to  time  of  members  of  the 
school  board,  report  in  writing  their 
names  and  postoffice  addresses  to  the 
town  clerk  of  the  town;  and  if  he 
fails  to  do  so,  he  shall  be  fined 
twenty  dollars,  one  half  for  the  use 
of  the  complainant  and  the  other 
half  for  the  use  of  the  town. 

Treasurer.  The    treasurer   shall,    before    enter-   p.    3.    90:20. 

ing  upon  the  duties  of  his  office,  give 
a  bond  with  sufficient  sureties  to  the 
district,  To  the  acceptance  of  the 
school  board,  for  the  faithful  per- 
formance of  his  official  duties. 

The  treasurer  shall  have  the  cus-  p.  g.  90:21. 
tody  of  all  moneys  belonging  to  the 
district,  and,  shall  pay  out  the  same 
only  upon  orders  of  the  school  board. 
He  shall  keep  a  fair  and  correct  ac- 
count of  all  sums  received  into  and 
paid  from  the  district  treasury.  At 
the  close  of  each  fiscal  year  he  shall 
make  a  report  to  the  district,  giving 
a  particular  account  of  all  receipts 
and  payments  during  the  year.  He 
shall  furnish  to  the  school  board 
statements  from  his  books,  and  sub- 
mit his  books  and  vouchers  to  them 
and  to  the  district  auditors  for  exam- 
ination, whenever  so  requested. 

Auditors.  The  auditors   shall  carefully   exam-   P.  S.  90:22. 

ine  the  accounts  of  the  treasurer  and 
school  board  at  the  close  of  each  fis- 
cal year,  and  at  other  times  whenever 


SCHOOL    DISTRICTS. 


27 


Filling  of  va- 
cancies. 


District  may 
require    elec- 
tion or  ap- 
pointment of 
superinten- 
dent. 


Evening 
schools. 


necessary,  and  report  to  the  district 
whether  the  same  are  correctly  cast 
and  well  vouched. 

The  school  board  shall  fill  vacancies  p.  g.  90-23. 
occurring  on  the  board,  and  in  other 
district  offices  except  that  of  modera- 
tor, until  the  next  annual  meeting-  of 
the  district.  In  case  of  vacancy  of 
the  entire  membership  of  the  board, 
or  the  remaining-  members  are  unable 
to  agree  upon  an  appointment,  the 
selectmen,  upon  application  of  one  or 
more  voters  in  the  district,  shall  fill 
the  vacancies  so  existing  until  the 
next  annual  meeting  of  the  district. 

A   school    district   may   require    the    P.  S.  90:24, 
school  board  to  elect  or  appoint  a  su-    Js  amended 
perintendent    of    schools,    who     shall    iJ95    ' 
hold   office   for   such   term,   be  vested 
with  such  of  the  powers  and  charged 
with  such  of  the  duties  of  the  school 
board,   and   be   entitled   to   such   com- 
pensation as  it  may  provide;  and  such 
district    may    raise    and    appropriate 
money   to  pay  the   compensation. 

Upon  petition  of  five  percent  of  the  112 :l,  laws 
legal  voters  of  any  city  or  town  hav-  1901. 
ing  more  than  five  thousand  inhabi*- 
tants,  according  to  the  latest  United 
States  census,  said  city  or  town  shall 
establish  and  maintain,  in  addition  to 
the  schools  required  by  the  law  to  be 
maintained  therein,  evening  schools 
for  the  instruction  of  persons  over 
fourteen  years  of  age  in  such 
branches  of  learning  and  art  as  the 
school  board  shall  deem  expedient. 

The  school  board  of  such  cities  and    112:2,   laws 
towns  shall  have  the  same  supeririten-    1901. 
dence    over    such    evening    schools    as 
they    have    over    other    schools,    and 
may  determine  the  term  or  terms  of 
time   in   each  year  and  the  hours   of 
the      evening      during      which      such 


28 


SCHOOL   LAWS. 


schools  shall  be  kept,  and  may  make 
such  regulations  as  to  attendance  at 
such  schools  as  they  may  deem  ex- 
pedient. 

Nothing1  contained   in  this  act  shall    112:3,   lawa 
exempt  any  person  from  the  require-    5 
ments    of    chapter    93    of    the    Public 
Statutes. 

IV. 

SCHOOLHOUSES    AND   GROUNDS. 


Location. 


Power  of 
building  com- 
mittee. 


Grievance  on 
account  of 
location. 


School  board 
may    locate- 
when. 


Appeal. 


The  district  may  decide  upon  the  lo-    p.  3.  91:1. 
cation  of  its  schoolhouses,  by  vote  or 
by    a    committee    appointed    for    the 
purpose. 

No  committee  shall  have  power  to  P.  S.  91:2. 
bind  the  district  beyond  the  amount 
of  money  voted  by  it,  and  the  district 
shall  not  be  bound  by  any  act,  as  a 
ratification  of  the  doings  of  such  com- 
mittee, beyond  their  authority,  unless 
by  express  vote  of  the  district. 

If  ten  or  more  voters  of  a  district  p.  g.  91:3. 
are  aggrieved  by  the  location  of  a 
schoolhouse  by  the  district  or  its 
committee,  they  may  apply  by  peti- 
tion to  the  school  board,  who  shall 
hear  the  parties  interested  and  deter- 
mine the  location. 

If  the  district  does  not  agree  upon  p.  s.  91:4. 
a  location  for  a  schoolhouse  or  upon 
a  committee  to  locate  the  same,  or  if 
the  same  is  not  located  by  such  com- 
mittee within  thirty  days  after  its 
appointment,  the  school  board,  upon 
petition  of  ten  or  more  voters,  shall 
determine  the  location. 

If   ten   or  more   voters   of  a  scfiool    P.  S.  91:5. 
district  are  aggrieved  by  the  location 
of  a  schoolhouse  by  the  district  or  its 
committee,    or   by   the    school    board, 
they   may    apply    by   petition    to   the 


SCHOOLHOUSES   AND   GROUNDS. 


29 


Compensation 
of  commis- 
sioners. 


county  commissioners  within  ten 
days  after  the  making  of  the  location, 
who  shall  hear  the  parties  interested 
and  determine  the  location. 

The  chairman  of  the  county  com-  pt  s.  91:6. 
missioners  shall  appoint  a  time  and 
place  within  the  district  for  a  hearing 
upon  every  such  petition;  and  shall 
give  notice  thereof  by  causing  at- 
tested copies  of  the  petition  and  or- 
der of  notice  to  be  posted  at  two  or 
more  public  places  within  the  district 
and  to  be  given  in  hand  to,  or  left  at 
the  abode  of,  the  clerk  of  the  district 
and  of  one  of  the  school  board,  four- 
teen days  before  the  day  of  hearing. 

In  such  cases,  vacancies  in  the  P.  S.  91:7. 
board  of  commissioners  arising  from 
disqualification  of  members  or  other- 
wise shall  be  filled  in  the  same  man- 
ner as  like  vacancies  are  filled  in 
highway  cases  referred  to  them. 

The  hearing  shall  be  closed  within  p.  g  g^.g 
sixty  days.  The  commissioners  shall 
hear  all  parties  interested  who  desire 
to  be  heard,  and  shall  make  their  de- 
cision in  writing  and  file  it  with  the 
clerk  of  the  district. 

The  district  shall  take  no  steps  to    p.  s.  91:9. 
carry    into    effect    a    former    location 
while  any  subsequent  proceedings  au- 
thorized by  law  for  a  change  thereof 
are  pending. 

The  commissioners  shall  be  paid  by    p.  s.  91.10. 
the    district    far    their    services    the 
same  fees  as  in  highway  cases.     Dis- 
tricts are  authorized  to  raise  money 
for  that  purpose. 

The  location  of  schoolhouses,  how-    P>  s    91:llt 
ever  made,  shall  be  conclusive  for  the 
term   of  five  years,  unless   an   appeal 
therefrom  shall  be  prosecuted  as  pro- 
vided in  this  chapter. 


30 


SCHOOL   LAWS. 


Enlargement 
of  school- 
house  lot. 


Appraisal  for 
land  damages. 


Appeal  from 
appraisal. 


Possession. 


The  school  board  or  county  commis-  p.  s.  91:12. 
sioners  may  enlarge  any  existing 
schoolhouse  lot  so  that  it  shall  con- 
tain not  exceeding  one  acre,  upon 
such  petition  to  them  and  proceed- 
ings thereon  as  are  required  to  au- 
thorize them  to  determine  the  loca- 
tion for  a  schoolhouse. 

If  any  school  district  shall  neglect  P.  S.  91:13. 
or  refuse  to  procure  the  lot  of  land 
selected  for  the  location  of  a  school- 
house  or  for  the  enlargement  of  an 
existing  schoolhouse  lot,  as  provided 
in  this  chapter,  or  if  the  owner  of  the 
land  shall  refuse  to  sell  the  same  to 
the  district  for  a  reasonable  price,  the 
selectmen,  upon  petition  to  them  by 
the  school  board,  or  by  three  or  more 
voters  of  the  district,  shall  appraise 
the  damages  occasioned  to  the  land 
owner  by  the  taking  of  his  land. 
The  appraisal  shall  be  made  in  writ- 
ing, and  be  filed  with  the  clerk  of  the 
district. 

Any  land  owner  aggrieved  by  such  p.  s.  91:14. 
appraisal  of  his  damages  may  appeal 
therefrom  to  the  supreme  court  by 
petition  within  sixty  days  after  the 
appraisal  is  filed  with  the  clerk  of  the 
district;  and  the  procedure  and  reme- 
dies upon  such  appeal  shall  be  the 
same  as  in  appeals  from  the  assess- 
ment of  damages  by  selectmen  in 
highway  cases,  except  that  service  of 
papers  shall  be  made  upon  the  clerk 
of  the  district  and  one  of  the  school 
board,  instead  of  the  town  clerk  and 
one  of  the  selectmen,  and  except  as 
provided  in  the  following  section. 

Upon    payment    or    tender    of    the    p.  s.  91:15. 
damages  awarded,  the  land  shall  vest 
in  the  district,  and  it  may  take  pos- 
session of  it.     Such  payment  or  ten- 
der may  be  made  in  accordance  with 


SCHOOLHOUSES   AND   GROUNDS. 


31 


Selectmen 
may  build, 
remove,  etc. 
when. 


Schools   shall 
be  kept— 
where. 


Use  of  school- 
houses  for 
other  pur- 
poses. 


the  award  of  the  selectmen  before  an 
appeal  is  taken,  or  while  an  appeal  is 
pending-,  and  shall  have  like  effect.  In 
such  case,  if  the  damages  are  in- 
creased upon  appeal  the  land  owner 
shall  have  judgment  for  the  excess;  if 
decreased,  the  district  shall  have 
judgment  for  the  amount  of  the  de- 
crease. If  the  result  of  the  appeal  is 
to  change  the  award  of  damages 
in  favor  of  the  land  owner,  he  shall 
recover  costs;  otherwise,  he  shall  pay 
costs. 

If  a  district  shall  refuse  or  neglect  p.  g.  91:16. 
to  build,  repair,  remove,  or  fit  up  a 
schoolhouse,  or  shall  refuse  or  neg- 
lect to  build  a  schoolhouse  upon  or 
to  remove  it  to  the  lot  designated  as 
aforesaid,  the  selectmen,  upon  peti- 
tion of  three  or  more  voters  of  the 
district,  after  hearing  the  parties, 
may  assess  upon  the  district  and  col- 
lect such  sums  of  money  as  may  be 
necessary,  and  therewith  cause  such 
schoolhouse  to  be  built,  removed,  re- 
paired, or  fitted  up. 

The  schools  of  a  district  shall  be  p.  s.  91:17. 
kept  in  its  schoolhouses,  if  it  has 
suitable  houses  that  will  accommo- 
date the  scholars;  if  not,  the  school 
board  shall  provide  suitable  accom- 
modations for  the  schools  at  the  ex- 
pense of  the  district. 

A  school  district  or  a  school  board  p.  s.  91:18. 
thereof  may  grant  the  use  of  any 
schoolhouse  in  the  district  for  a  writ- 
ing or  singing  school,  and  for  reli- 
gious and  other  meetings,  whenever 
such  use  will  not  conflict  with  any 
regular  school  exercise.  The  person 
so  using  a  schoolhouse  shall  be  lia- 
ble for  any  damages  to  the  same  and 
to  the  property  therein. 


32 


SCHOOL   LAWS. 


lots  in  cities. 


Building,  etc., 
in  cities. 


Selection  and         The    school    board    of    cities    shall    65:1,  laws 
purchase  of        have    sole    power   to    select    and   pur-    1897. 
chase  land  for  schoolhouse  lots.  When 
said    board    has   secured,    by    vote    of 
the  city  councils,  an  adequate  appro- 
priation for  the  purchase  of  a  speci- 
fied lot  at  a  specified  price,  then  said 
board  may  make  the  purchase. 

Xo  schoolhouse  shall  be  erected,  65:2,  laws 
altered,  remodeled,  or  changed  in  any  1897. 
city  school  district,  unless  the  plans 
thereof  have  been  previously  sub- 
mitted to  the  school  board  of  that 
district  and  received  its  approval,  and 
all  new  schoolhouses  shall  be  con- 
structed under  the  direction  of  a 
joint  special  committee,  chosen  in 
equal  numbers  by  the  city  councils 
and  the  school  board. 

Upon    the     completion     of    a    new    65:3>  jaws 
schoolhouse,    the   city    councils    shall,    1897.' 
by  vote,  transfer  it  to  the   care  and 
control    of   the   school   board.     When- 
ever a  schoolhouse  shall  no  longer  be 
needed    for    public    school    purposes, 
the  school  board   shall  retransfer  its 
care  and  control  to  the  city. 

The  provisions  of  the  three  preced-    p5.4   lawg 
ing    sections    shall   not   apply    to    the    1897! 
Union   School  District  of  Concord,  or 
to   the   Union   School   District   in    the 
city  of  Keene. 

Whenever  any  party,  at  a  proper  44.^  laws 
time  of  the  year,  shall  present  to  the  1897. 
selectmen  of  any  town  or  ward,  well- 
grown  nursery  trees  of  the  nut, 
shade,  or  ornamental  varieties,  such 
selectmen  may  set  out  said  trees  in 
the  highways,  cemeteries,  commons, 
schoolhouse  yards,  and  other  public 
places,  as  indicated  by  the  donor  of 
said  trees,  and  protect  the  same  at 
the  expense  of  the  town. 


Shade  trees, 
etc. 


SCHOOLHOUSES    AND    GROUNDS. 


33 


Doors  to  open 
outwards. 


Fire-escapes 
on  school- 
houses. 


Nothing    in    this    act    shall    be    con- 
strued   to  compel   any  party   to   have    189^' 
trees  set  in  the  highway  on  the  side 
next  his  land  without  his   consent. 

The  outer  doors  and  doors  of  pas-  ^g  ]aws 
sages  leading  outward,  of  churches  1909. 
hereafter  built  or  rebuilt,  school- 
houses  containing  more  than  two 
schoolrooms,  and  halls  and  other 
buildings  used  for  public  gatherings, 
shall  open  outward;  and  it  shall  be 
the  duty  of  the  selectmen  of  towns  to 
see  that  these  provisions  are  complied 
with,  and  to  prosecute  persons  who 
neglect  to  do  so. 

No  building  three  or  more  stories  164:1,  laws 
in  height,  any  part  of  which  is  used  1909. 
or  occupied  above  the  second  story  as 
a  hotel,  transient  lodging  house, 
schoolhouse,  orphan  asylum,  theatre, 
hall  for  public  assembly  or  factory 
shall  be  let,  leased  or  occupied  for 
such  purposes  unless  provided  with  a 
steel  or  wrought  iron  ladder  or  stair- 
way fire-escape  attached  to  the  outer 
wall  and  with  platforms  of  like  mate- 
rial of  such  size,  shape  and  nearness 
to  one  or  more  windows  of  each  story 
above  the  first  or  ground  floor  as  to 
render  access  thereto  easy  and  safe. 
If  said  building  be  of  a  length 
greater  than  one  hundred  and  fifty 
feet  it  shall  be  provided  with  one 
additional  such  fire-escape  for  every 
additional  one  hundred  and  fifty  feet 
or  fractional  part  thereof.  Provided 
that  any  other  metal  fire-escape  may 
be  so  attached  if  approved  by  the 
building  inspector,  chief  of  the  fire 
department  or  board  of  selectmen. 
The  provisions  of  this  section  shall 
not  apply  to  any  such  factory  build- 
ing which  shall  be  adequately 
equipped  with  fireproof  stairways, 


SCHOOL   LAWS. 


'  laws 


Barbed  wire 
fences  near 
schoolhouses. 


Nuisance  in 
vicinity  of 
schoolhouse. 


Saloons  and 
schoolhouses. 


or  other  means  of  exit,  duly  approved 

in  writing  by  said  officers.     Such  fire- 

escapes  shall  reach  within  eight  feet 

of  the  ground  and  the  location  of  the 

exits  thereto   shall  be  designated  by 

red  lights  during  such   hours   of  the 

night  as  the  building  is  occupied  for 

the   purposes  designated  in  section   1 

of  this  act.     If  any  person  shall  vio-    164;3,  laws 

late  any  of  the  provisions  of  this  act, 

he  shall  be   fined   not  exceeding  five 

hundred    dollars    or    imprisoned    not 

exceeding  six  months,  or  both,  and  it 

shall  be  the  duty  of  said   officers  to 

enforce  the   provisions  of  this   act. 

If  any  owner  or  occupant  of  land  P.  s.  143:31. 
adjoining  land  occupied  by  a  school  dis- 
trict for  school  purposes  erects,  keeps 
or  maintains  any  barbed  wire  fence 
to  separate  or  divide  such  lands,  he 
shall  be  fined  not  exceeding  twenty- 
five  dollars. 

The  selectmen  or  school  board  shall    p.  s.  143:32. 
prosecute  at  the  expense  of  the  town 
or  district,  as  the  case  may  be,  any 
violations  of  the  preceding  section. 

If  any  person  shall  use  or  occupy  a  P  s.  108:15. 
building  or  place  near  a  dwelling- 
house  or  schoolhouse,  or  in  the  com- 
pact part  of  a  town,  for  a  slaughter- 
house, a  place  of  deposit  of  green 
pelts  or  skins,  or  for  trying  tallow, 
currying  leather,  or  carrying  on  any 
other  business  that  is  offensive  to  the 
public,  without  the  written  permis- 
sion of  the  health  officers  of  the 
town,  he  shall  forfeit  ten  dollars  for 
each  month  such  building  or  place 
shall  be  so  used  or  occupied,  to  be 
recovered  for  the  use  of  the  town. 

No  license  shall  be  granted  for  the    95^ 
traffic  in  liquor  in  any  building  which    1903. 
shall  be  on  the  same  street  or  avenue 
within   two   hundred  feet  of  a   build- 


iaws 


SCHOOL    BOARDS,    TEACHERS,    TRUANT    OFFICERS.      35 

ing  occupied  exclusively  as  a  church 
or  schoolhouse,  the  measurements  to 
be  taken  in  a  straight  line  from  the 
center  of  the  nearest  entrance  to  the 
building  used  for  such  church  or 
school,  to  the  center  of  the  nearest 
entrance  to  the  place  in  which  the 
traffic  in  liquor  is  desired  to  be  car- 
ried on,  or  in  any  location  where  the 
traffic  shall  be  deemed  by  said  board 
of  license  commissioners  detrimental 
to  the  public  welfare,  provided,  that 
this  restriction  shall  not  apply  to 
hotels  or  drug  stores  used  as  such  on 
the  first  day  of  January,  1903. 


V. 


SCHOOL  BOARDS,  TEACHERS  AKD-  TRUANT 
OFFICEBS. 


Provision  of 
schools. 


Conveyance 
of  scholars. 


Hiring   of 
teachers. 


Repairs. 


The  school  board  of  every  district  P.  S.  92:1. 
shall  provide  schools  at  such  places 
within  the  district  and  at  such  times 
in  each  year  as  will  best  subserve  the 
interests  of  education,  and  will  give 
to  all  scholars  of  the  district  as  near- 
ly equal  advantages  as  may  be  practi- 
cable. They  may  use  a  portion  of  the 
school  money,  not  exceeding  twenty- 
five  percent  for  the  purpose  of  con- 
veying scholars  to  and  from  the 
-schools. 

[The  district  is  empowered  to  raise  money 
to  buy  wagons.] 


The  school  board  shall  select  and 
hire  suitable  and  competent  teachers, 
shall  provide  necessary  fuel,  and  shall 
make  such  occasional  repairs  of  the 
schoolhouses  and  furniture  as  may  be 
necessary,  not  exceeding  in  cost  five 
percent  of  the  school  money. 


P.   S.  92:2, 
as  amended 
by  50,  laws  of 
1895,  and  by 
laws  of  1911. 


36 


SCHOOL    LAWS. 


Dismissal  of 
teachers. 


Teacher's 
right  to  hear- 
ing. 


Power  of 
board   to   pre- 
scribe  regula- 
tions. 


Studies  to  be 
prescribed. 


They  may  dismiss  any  teacher  found 
by  them  to  be  immoral  or  incompe- 
tent or  who  shall  not  conform  to  reg- 
ulations prescribed;  provided,  hoivever, 
that  no  teacher  shall  be  so  dismissed 
before  the  expiration  of  the  period 
for  which  said  teacher  was  engaged 
without  having  previously  been  noti- 
fied of  the  cause  of  such  dismissal, 
and  provided  further  that  no  teacher 
shall  be  so  dismissed  without  having 
previously  been  granted  a  full  and 
fair  hearing. 

The  district  shall  be  liable  in  the 
action  of  contract  to  any  teacher 
dismissed  in  violation  of  the  provi- 
sions of  the  preceding  section  to  the 
extent  of  the  full  salary  for  the  pe- 
riod for  which  such  teacher  was  en- 
gaged. 

The  school  board  may  prescribe  reg- 
ulations for  the  attendance  upon,  and 
for  the  management,  studies,  classifi- 
cation, and  discipline  of  the  schools; 
and  such  regulations,  when  recorded 
by  the  district  clerk,  and  a  copy 
thereof  has  been  given  to  the  teachers 
and  read  in  the  schools,  shall  be  bind- 
ing upon  scholars  and  teachers. 

They  shall  prescribe  in  all  mixed 
schools  and  in  all  graded  schools 
above  primary,  the  studies  of  physiol- 
ogy and  hygiene,  having  special  ref- 
erence to  the  effects  of  alcoholic  stim- 
ulants and  of  narcotics  upon  the  hu- 
man system,  and  shall  see  that  the 
studies  so  prescribed  are  thoroughly 
taught  in  said  schools  and  that  well 
approved  text-books  upon  these  sub- 
jects are  furnished  to  teachers  and 
scholars,  and  shall  see  that  a  well 
prescribed  reading  course  dealing 
with  the  principle  of  the  humane 
treatment  of  the  lower  animals  shall 


P.  S.  92:3,  as 
amended  by 
59,  laws  1905. 


P.  S.  92:4,  as 
amended  by 
59,  laws  1905. 


P.  S.  92:6,  as 
amended  by 
40,    laws  1895; 
31,    laws   1903; 
49,   laws  1909; 
and  by  laws 
of  1911. 


SCHOOL   BOARDS,    TEACHERS,    TKUAKT    OFFICERS.      37 


be  included  in  the  ordinary  instruc- 
tion in  reading  or  otherwise,  and  that 
the  constitution  of  the  United  States 
and  of  the  state  of  New  Hampshire  be 
read  aloud  by  the  scholars  at  least 
once  during  the  last  year  of  the 
course  below  the  high  school,  and 
may  permit  or  prescribe  the  study  of 
algebra,  geometry,  surveying,  book- 
keeping, philosophy,  chemistry,  and 
natural  history,  or  any  of  them,  and 
other  suitable  studies. 

Free  text-  They  shall  purchase,  at  the  expense    p.  s.  92:7,  as 

books.  of  the  city  or  town  in  which  the  dis-    amended  by 

trict  is  situated,  text-books  and  other  laws 
supplies  required  for  use  in  the  pub- 
lic schools;  and  shall  loan  the  same 
to  the  pupils  of  such  schools  free  of. 
charge,  subject  to  such  regulations 
for  their  care  and  custody  as  the 
school  board  may  prescribe.  They 
shall  make  provision  for  the  sale  of 
such  books  at  cost  to  pupils  of  the 
school  wishing  to  purchase  them  for 
their  own  use. 

[Text-books  and  supplies  cannot  legally  be 
paid  for  out  of  school  money.  They  are 
statutory  requirements  and  the  selectmen 
must  assess  enough,  in  addition  to  money  re- 
quired by  law  and  otherwise  voted  by  the 
district,  to  cover  the  requirements  of  the 
scholars.  It  is  the  duty  of  the  school  board 
to  purchase  text-books  and  supplies,  approve 
the  bills  and  send  the  same  to  the  district 
treasurer  to  be  paid  out  of  the  money 
assessed  by  the  selectmen  for  that  purpose. 
If  no  money  has  been  assessed,  the  district 
is  liable  to  a  suit  at  law  by  the  party  selling 
the  books  or  supplies.] 

They  shall  They  shall  purchase  at  the  expense    P.  S.  92:  8,  as 

purchase  and      of  the  city  or  town  in  which  the  dis-    amended  by 

flaT1^  U'   S'    trict  is  situated>  a  United  States  flag    and  flaws' 
of  bunting  not  less  than  five  feet  in    1903. 
length  with  a  flagstaff  and  appliances 
for    displaying    the    same,    for    every 
schoolhouse   in   the   district   in  which 


38 


SCHOOL   LAWS. 


Certain  bocks 
shall  not  be 
used. 


Patriotic  ex- 
ercises. 


Holidays. 


Registers  to 
be   furnished. 


a  public  school  is  taught  not  other- 
wise supplied.  They  shall  prescribe 
rules  and  regulations  for  the  proper 
custody,  care,  and  display  of  the  flag; 
and  whenever  not  otherwise  dis- 
played, it  shall  be  placed  conspicu- 
ously in  the  principal  room  of  the 
schoolhouse.  Any  members  of  a 
school  board  who  shall  refuse  or  neg- 
lect to  comply  with  the  provisions  of 
this  section  shall  be  fined  ten  dollars 
for  the  first  offense  and  twenty  dol- 
lars for  every  subsequent  offense. 

Not  more  than  ten  dollars  shall  be 
expended  for  the  flag,  flagstaff,  and 
appliances  for  any  one  schoolhouse, 
and  the  school  board  shall  have  the 
same  control  over  its  preservation 
and  display  that  it  has  over  the  other 
district  property. 

[See  remarks  on  text-books  and  supplies. 
The  same  ruling  applies.] 

Xo  book  shall  be  introduced  into 
the  public  schools  calculated  to  favor 
any  particular  religious  sect  or  politi- 
cal party. 

In  all  the  public  schools  of  the  state 
one  session  during  the  week  in  which 
Memorial  Day  falls,  or  a  portion 
thereof,  shall  be  devoted  to  exercises 
of  a  patriotic  nature. 

Thanksgiving  Day  and  Fast  Day, 
whenever  appointed,  Labor  Day,  the 
twenty-second  day  of  February,  the 
thirtieth  day  of  May,  the  fourth  day 
of  July,  the  first  day  of  January,  and 
Christmas  day  shall  be  legal  holidays, 
and  when  either  of  the  last  five  days 
mentioned  occurs  on  Sunday,  the  fol- 
lowing day  shall  be  observed  as  a  hol- 
iday. 

They  shall  furnish  to  every  teacher 
one  of  the  blank  registers  provided 
by  the  superintendent  of  public  in- 


P.  S.  92:9,  as 
amended  by 
50,  laws  1895. 


14,  laws  1897. 


11,  laws  :S99, 
as  amended 
by  7,  laws 
1907,  and  98, 
laws  1909. 


P.  S.  92:10. 


SCHOOL   BOARDS,    TEACHERS,    TRUANT   OFFICERS.      39 


Teachers 
shall  keep 
registers. 


Reports  to  be 
made  to  su- 
perintendent 
of  public  in- 
struction. 


Penalty  for 
refusal  or 
neglect. 


Penalty  for 
neglect  of 
duty. 


Boards  to  ap- 
point truant 
officers. 


District  shall 
fix  salaries  of 
certain  offi- 
cers. 


stmction,  and  shall  visit  and  examine 
each  school  in  their  district  at  least 
twice  in  each  term,  once  near  the  be- 
ginning and  once  near  the  close 
thereof. 

Every  teacher  shall  make  the  en- 
tries in  the  register  required  by  the 
superintendent  of  public  instruction, 
and  at  the  close  of  the  term  shall  re- 
turn the  register  to  the  school  board. 
Twenty  dollars  of  the  wages  of  every 
teacher  shall  be  withheld  until  he  has 
made  such  return. 

School  boards  shall  on  or  before  the 
fifteenth  day  of  July  in  each  year, 
send  to  the  superintendent  of  public 
instruction  copies  of  their  annual  re- 
ports and  answers  to  the  questions 
proposed  by  him,  relating  to  the 
schools  in  their  district;  the  school 
year  shall  begin  with  the  fall  term. 

Any  member  of  a  school  board  who 
shall  neglect  or  refuse  to  comply  with 
the  provisions  of  the  preceding  sec- 
tion shall  be  fined  not  exceeding  fifty 
dollars. 

If  any  public  officer  willfully  neg- 
lects any  duty  of  his  office,  and  no 
penalty  is  prescribed  by  statute  for 
such  neglect,  he  shall  forfeit  a  sum 
not  exceeding  thirty  dollars. 

School  boards  shall  appoint  truant 
officers  for  their  districts. 

Truant  officers  shall  hold  office  for 
one  year,  and  until  their  successors 
shall  be  appointed,  but  they  may  be 
removed  by  the  school  board  at  any 
time  for  cause. 

At  its  annual  meeting  each  school 
district  shall  determine  and  appoint 
the  salaries  of  its  school  board  and 
truant  officer  or  officers,  and  the  dis- 
trict clerk  shall  certify  the  same  to 
the  selectmen. 


P.  S.  92:11. 


P.  S.  92:13, 
as  amended 
by  50,  laws 
1895,  and  5, 
laws  1903. 


P.  S.  92:14. 


P.  S.  255:14. 


P.  S.  92:15, 
as  amended 
by  70,  laws 


P.  S.  92:16. 


22:1  laws 
1909. 


40 


SCHOOL    LAWS. 


Selectmen  The  selectmen  shall  annually  assess 

ess-  upon  the  polls  and  ratable  estate  of 
the  district  a  sum  equal  to  the 
amounts  determined  by  the  district  as 
prescribed  in  section  1  and  shall  pay 
over  the  same  to  the  district  treas- 
urer. 

The  district  treasurer  shall  pay  to 
the  school  board  the  salaries  afore- 
said and  he  shall  likewise  pay  the 
truant  officer  upon  the  order  of  the 
school  board,  they  certifying  that  he 
has  performed  the  duties  required  of 
him  by  law. 

[Truant  officers  cannot  legally  be  paid  out 
of  school  money.] 

Duties  of  tru-  Truant  officers  shall,  under  the  di- 
ant  officers.  rection  of  the  school  board,  enforce 
the  laws  and  regulations  relating  to 
truants  and  children  between  the 
ages  of  eight  and  sixteen  years  not 
attending  school,  and  without  any 
regular  and  lawful  occupation;  and 
the  laws  relating  to  the  attendance 
at  school  of  children  between  the 
ages  of  eight  and  sixteen  years. 

Truant  officers  shall,  if  required  by 
the  school  board,  enforce  the  laws 
prohibiting  the  employment  of  chil- 
dren in  manufacturing,  mechanical,  or 
mercantile  establishments,  who  have 
not  attended  school  the  prescribed 
time;  and  for  this  purpose  they  may, 
when  so  authorized  and  required  by 
vote  of  the  school  board,  visit  the 
manufacturing,  mechanical,  and  mef- 
cantile  establishments  in  their  respec- 
tive cities  and  towns,  and  ascertain 
whether  any  children  under  the  age 
of  sixteen  are  employed  therein  con- 
trary to  the  provisions  of  law,  and 
they  shall  report  any  cases  of  such 
illegal  employment  to  the  school 
board;  and  the  truant  officers,  when 


22:2,  laws 
1909. 


22:3,  laws 
1909. 


P.  S.  92:17, 
as  amended 
by  70,  laws 


P.  S.  92:18, 
as  amended 
by  70,  laws 
1899. 


SCHOOL    BOAEDS,    TEACHERS,    TRUANT    OFFICERS.      41 

authorized  as  aforesaid,  may  demand 
the  names  of  all  children  under  six- 
teen years  of  age  employed  in  such 
manufacturing1,  mechanical,  and  mer- 
cantile establishments,  and  may  re- 
quire that  the  certificates  and  lists 
of  such  children  provided  for  by  law 
shall  be  produced  for  their  inspection. 
Truant  officers  shall  inquire  into  the 
employment,  otherwise  than  in  such 
manufacturing1,  mechanical,  and  mer- 
cantile establishments,  of  children 
under  the  age  of  sixteen  years,  dur- 
ing the  hours  when  the  public  schools 
are  in  session,  and  maj'  require  that 
the  certificates  of  all  children  under 
sixteen  shall  be  produced  for  their 
inspection;  and  any  such  officer  may 
bring  a  prosecution  against  a  person 
or  corporation  employing  any  such 
child  otherwise  than  as  aforesaid, 
during  the  hours  when  the  public 
schools  are  in  session,  contrary  to  the 
provisions  of  law. 

A  refusal  or  failure  on  the  part  of 
an  employer  of  children  under  sixteen 
years  of  age  to  produce  the  certificate 
required  by  law,  when  requested  by 
a  truant  officer,  shall  be  prima  facie 
evidence  of  the  illegal  employment  of 
the  child  whose  certificate  is  not  pro- 
duced. 

Truant  officers  shall  have  authority 
without  a  warrant  to  take  and  place 
in  school  any  children  found  em- 
ployed contrary  to  the  laws  relating 
to  the  employment  of  children  or  vio- 
lating the  laws  relating  to  the  com- 
pulsory attendance  at  school  of  chil- 
dren between  the  ages  of  six  and  six- 
teen years. 

Enumeration  Truant  officers  or  agents  appointed    46,  laws  1895, 

of  children.         by  school  boards  of  cities  and  towns    £J  9^  laws 
shall  annually,  in  the  month  of  Sep-    1905.  ' 


42 


SCHOOL    LAWS. 


Compensation 
of  school- 
board. 


School  day 
and  week. 


tember,  make  an  enumeration  of  the 
children  of  each  sex,  between  the 
ages  of  five  and  sixteen  years,  in  their 
town  or  city,  giving  such  items  in  re- 
gard to  each  child  as  may  be  required 
by  the  school  board  or  the  state  su- 
perintendent of  public  instruction, 
and  shall  make  a  report  to  the  school 
board  thereof  within  fifteen  days  af- 
ter the  completion. 

Section  14,  chapter  43,  Public  Stat-    46:2,  laws 
utes,  and  any  other  acts  inconsistent   3895. 
with  this  act  are  hereby  repealed. 

At  its  annual  meeting  each  school 
district  shall  determine  and  appoint 
the  salaries  of  its  school  board  and 
truant  officer  or  officers,  and  the  dis- 
trict clerk  shall  certify  the  same  to 
the  selectmen. 

The  selectmen  shall  annually  assess  22,  laws  1909- 
upon  the  polls  and  ratable  estate  of 
the  district  a  sum  equal  to  amounts 
determined  by  the  district  as  pre- 
scribed in  section  1  and  shall  pay  over 
the  same  to  the  district  treasurer. 

The  district  treasurer  shall  pay  to 
the  school  board  the  salaries  afore- 
said and  he  shall  likewise  pay  the 
truant  officer  upon  the  order  of  the 
school  board,  they  certifying  that  he 
has  performed  the  duties  required  of 
him  by  law. 

[Salaries  of  school  boards  cannot  legally  be 
paid  out  of  school  money.] 

In  the  absence  of  express  contract,  p.  s.  92:20. 
a  session  of  three  hours  in  the  fore- 
noon and  three  hours  in  the  after- 
noon shall  constitute  a  school  day, 
five  such  days  a  school  week,  and  four 
such  weeks  a  school  month,  in  the 
public  schools. 


SCHOOL    BrARDS,    TEACHERS,    TRUANT    OFFICERS.      43 


Teachers  may 
attend  insti- 
tutes. 


Evening 
schools. 


Boards  to 
superintend 
evening 
schools. 


Examination 
and  certifica- 
tion of  teach- 
ers by  super- 
intendent of 
public    in- 
struction. 


Teachers  of  public  schools  may  at- 
tend teachers'  institutes  held  within 
the  state,  as  provided  by  law,  not  ex- 
ceeding one  day  in  any.  term,  and  the 
time  so  spent  shall  be  regarded  as 
spent  in  the  service  of  the  district. 

Upon  petition  of  five  percent  of  the 
legal  voters  of  any  city  or  town  hav- 
ing more  than  five  thousand  inhab- 
itants, according  to  the  latest  United 
States  census,  said  city  or  town  shall 
establish  and  maintain,  in  addition  to 
the  schools  required  by  law  to  be 
maintained  therein,  evening  schools 
for  the  instruction  of  persons  over 
fourteen  years  of  age  in  such 
branches  of  learning  and  art  as  the 
school  board  shall  deem  expedient. 

The  school  board  of  such  cities  and 
towns  shall  have  the  same  superin- 
tendence over  such  evening  schools 
as  they  have  over  other  schools,  and 
may  determine  the  term  or  terms  of 
time  in  each  year  and  the  hours  of 
the  evening  during  which  such  schools 
shall  be  kept,  and  may  make  such  reg- 
ulations as  to  attendance  at  such 
schools  as  they  may  deem  expedient. 

Nothing  contained  in  this  act  shall 
exempt  any  person  from  the  require- 
ments of  chapter  93  of  the  Public 
Statutes. 

The  superintendent  of  public  in- 
struction shall  cause  to  be  held,  at 
such  convenient  times  and  places  as 
he  may  from  time  to  time  designate, 
public  examinations  of  candidates  for 
the  position  of  teacher  in  the  public 
schools  of  the  state.  Such  examina- 
tions shall  test  the  professional  as 
well  as  the  scholastic  abilities  of  can- 
didates, and  shall  be  conducted  by 
such  persons  and  in  such  manner  as 
the  superintendent  of  public  instruc- 


P.  S.  92:21, 
as  amended 
by  29,  laws 
1903,  and  28, 
laws  1909. 


112:1,  laws 
1901. 


112:2,    laws 
1901. 


112:3,    laws 
1901. 


49:1,  laws 

1895. 


44  SCHOOL   LAWS. 

tion  may  from  time  to  time  desig- 
nate. Due  notice  of  the  time,  place, 
and  other  conditions  of  the  exami- 
nations shall  be  given  in  such  public 
manner  as  the  superintendent  of  pub- 
lic instruction  may  determine. 

A  certificate  of  ^qualifications  shall  49:2,  laws 
be  given  to  all  candidates  who  pass  1895- 
satisfactory  examinations  in  such 
branches  as  are  required  by  law  to  be 
taught,  and  who  in  other  respects  ful- 
fill the  requirements  of  the  superin- 
tendent; such  certificate  shall  be 
either  probationary,  or  permanent, 
and  shall  indicate  the  grade  of  school 
for  which  the  person  named  in  the 
certificate  is  qualified  to  teach. 

The  superintendent  of  public  in-  Laws  of  1911. 
struction  may  issue,  without  the  re- 
quirement of  examination  provided 
herein,  a  certificate  of  qualifications 
to  any  person  who  has  served  as  a 
teacher  in  the  public  schools  of  the 
state  for  a  term  of  three  school  years 
when,  in  his  judgment,  the  education- 
al interests  of  the  state  will  be  served 
by  such  action. 

A  list  of  approved  candidates  shall    49:3,   laws 
be   kept   in   the   office   of  the   depart-    1895. 
ment  of  public  instruction  and  copies 
of   the   same,   with    such    information 
as  may  be    desired,   shall  be  sent  to 
school  committees  upon  their  request. 

A  sum  not  exceeding  three  hundred    4g.5   laws 
dollars    may    be    annually    expended    189s! 
from  the  income  of  institute  fund  for 
the     necessary     and     contingent     ex- 
penses of  carrying  out  the  provisions 
of  this  act. 


SCHOLARS. 


VI. 


SCHOLARS. 


None  shall 
attend  with- 
out consent  of 
board. 


Vaccination. 


Infectious 
diseases. 


Penalty. 


Dismissal  for 
misconduct. 


Scholars  shall 
attend  where 
assigned. 


No    person    shall   attend    school,    or    P.  S.  93:1. 
send  a   scholar  to  the   school,  in  any 
district  of  which  he  is  not  an  inhabi- 
tant, without  the  consent  of  the  dis- 
trict or  of  the  school  board. 

No    child    shall    attend    any    public,    P.  S.  93:2,  as 
parochial,  or  private  school  unless  he    amended  by 
has   been   vaccinated   or  has  had   the    &n'd  ^o^iawo 
smallpox,  and  this  section  shall  be  en-    1909. 
forced  by  the  board  of  health,  except 
in  the   case   of  a   child  who  has   sub- 
mitted  to   the  process   of  vaccination 
not    less    than    three    times,    or    who 
holds  the  certificate  of  the  local  board 
of  health  that  he  is  an  unfit  subject 
for  vaccination.     Said  board  of  health 
shall  issue    such   certificate   upon   the 
advice   of   a   registered   physician   ap- 
proved by  said  board  of  health. 

No    parent    or  guardian,   person   or    ig^  laws 
persons    having    the    custody    of    any    I90l! 
child,   shall   permit   such   child,  if   in- 
fected with  any  communicable  disease, 
or  has  been  exposed  to  such,  to  at- 
tend any  public  or  private  school. 

Any  person  who  knowingly  violates    16:9,   laws 
any  provision  of  this  chapter,  or  any    1901. 
regulation  established  by  authority  of 
this  chapter,  shall  be  punished  by  a 
fine    of   ten   dollars   for   each    offense. 

Any  scholar  may  be  dismissed  from  p  s  93:3 
school  by  the  school  board  for  gross 
misconduct,  or  for  neglect  or  refusal 
to  conform  to  the  reasonable  rules  of 
the  school;  and  he  shall  not  attend 
the  school  until  restored  by  the 
school  board. 

No  scholar  who  shall  have  been  as-    p.  s.  93:4. 
signed  to  a  particular  school  by  the 
school  board    shall   attend   any   other 


SCHOOL   LAWS. 


school  in  the  district  until  assigned 
thereto. 

Penalty.  If    any    scholar,   after   notice,    shall    P.  s.  93:5. 

attend  or  visit  a  school  which  he  has 
no  right  to  attend,  or  shall  interrupt 
or  disturb  the  same,  he  shall  be  fined 
for  the  first  offense  five  dollars,  and 
for  any  subsequent  offense  ten  dol- 
lars, or  be  imprisoned  not  exceeding 
thirty  days. 

District  by-  Districts  may  make  by-laws,  not  re- 

laws  concern-  pugnant  to  law,  concerning  habitual 
ing  truants.  truants  and  children  between  the 
ages  of  six  and  sixteen  years  not 
attending  school  and  not  having  a 
regular  and  lawful  occupation,  and 
to  compel  the  attendance  of  such 
children  at  school,  and  may  annex 
penalties  for  the  breach  thereof  not 
exceeding  ten  dollars  for  each  of- 
fense. 

[The  department  will  furnish  an  article 
drawn  by  the  attorney-general  for  insertion 
in  the  school  warrant  upon  application.] 

Any  offender  against  such  by-laws,  p.  s.  93:7. 
upon  conviction,  may  be  sentenced  to 
pay  a  fine  and  to  be  committed  to  the 
Industrial  School  until  it  is  paid  or 
he  is  otherwise  discharged,  or  he 
may  be  sentenced  to  the  Industrial 
School  for  a  term  not  exceeding  one 
year. 

The  court  or  justice  imposing  a  fine  p  g  90.9 
upon  any  such  offender  may  remit  it 
upon  proof  that  he  is  unable  to  pay 
it,  and  has  no  parent,  guardian,  or 
person  chargeable  with  his  support, 
able  to  pay  it,  and  may  discharge  him 
from  the  Industrial  School  if  he  has 
been  committed  there  for  nonpay- 
ment thereof. 

Any  such  offender  so  convicted  may    p.  s.  93:9. 
give  bond  to  the  district  in  the  penal 
sum  of  twenty-five  dollars,  with  suffi- 


Offense 
against  by- 
laws. 


SCHOLARS.  47 

cient  sureties,  approved  by  the  court 
or  justice  before  whom  he  was  con- 
victed, conditioned  to  attend  regu- 
larly some  school  kept  in  the  district 
for  one  term  next  ensuing,  to  comply 
with  the  regulations  thereof,  and  to 
be  obedient  and  respectful  to  the 
teacher;  and  his  fine  may  thereupon 
be  remitted  by  such  court  or  justice 
upon  payment  of  the  costs. 

Prohibited  K"o   child   under   the    age    of   twelve    Laws  of  1911. 

employment.  shall  be  employed,  or  permitted  or 
suffered  to  work,  in,  about,  or  in 
Connection  with,  any  mill,  factory, 
workshop,  quarrjr,  mercantile  estab- 
lishment, tenement  house,  manufac- 
tory or  workshop,  store,  business 
office,  telegraph  or  telephone  office, 
restaurant,  bakery,  hotel,  barber- 
shop, apartment  house,  bootblack 
stand  or  parlor,  or  in  the  distribution 
or  transmission  of  merchandise  or 
messages:  nor  shall  any  child  under 
the  age  of  fourteen  be  employed,  or 
permitted  or  suffered  to  work,  in 
any  of  the  aforesaid  while  the  public 
schools  are  in  session  in  the  district 
in  which  he  resides. 

No  child  under  the  age  of  sixteen 
shall  be  employed,  or  permitted  or 
suffered  to  work,  in  any  establish- 
ment named  in  above  section  during 
the  time  in  which  the  public  schools 
are  in  session  in  the  district 
in  which  he  resides,  unless  he  can 
read  understandingly  and  write  leg- 
ibly simple  sentences  in  the  English 
language:  provided,  hoivcver,  that  if 
any  child  shall  have  reached  the  age 
of  fourteen  and  shall  have  attended 
an  English-taught  school  regularly 
for  not  less  than  three  years  and  shall 
then  be  deemed  by  the  superinten- 
dent of  schools,  or  other  person  an- 


48  SCHOOL    LAWS. 

thorized  to  grant  employment  certifi- 
cates, to  be  mentally  incapable  of 
learning  to  read  and  write  legibly 
the  English  language  in  the  regular 
schools,  the  case  may  be  referred  to 
the  state  superintendent  of  public  in- 
struction, who  after  investigation 
either  by  himself  or  by  his  agent, 
may  issue  a  permit  authorizing  the 
employment  of  such  child  even 
though  such  child  may  be  unable  to 
read  understandingly  and  write  legi- 
bly simple  sentences  in  the  English 
language. 

Whenever  requested  by  the  super- 
intendent of  public  instruction,  the 
State  Board  of  Health  shall  cause 
to  be  made  an  inspection  of  any  fac- 
tory or  other  place  in  which  children 
under  the  age  of  sixteen  are  em- 
ployed, and  may  require  the  dis- 
charge of  any  child  or  children  found 
employed  therein  who  by  reason  of 
physical  condition,  of  unsanitary  con- 
ditions of  employment,  or  of  develop- 
ment below  the  normal  development 
of  children  of  that  age,  cannot  in 
their  judgment  continue  to  be  em- 
ployed without  undue  risk  to  health. 
Xo  boy  under  ten  and  no  girl  un- 
der sixteen  years  of  age  shall  sell 
or  expose  or  offer  for  sale  news- 
papers, magazines,  periodicals  or 
other  merchandise  in  any  street  or 
public  place.  Xo  child  shall  work  as 
a  bootblack  in  any  street  or  public 
place  unless  he  is  over  ten  years  of 
age. 

Hours  of  ^*o   person   under   the    age   of  eigh- 

labor.  teen     years     shall     be     employed     or 

permitted  to  work  as  a  messenger 
for  a  telegraph,  telephone,  or  mes- 
senger company  in  the  distribution, 
transmission,  or  delivery  of  goods  or 


SCHOLARS.  49 


messages  before  five  o'clock  in  the 
morning  or  after  ten  o'clock  in  the 
evening  of  any  day. 

No  boy  under  the  age  of  sixteen 
years,  and  no  girl  under  the  age  of 
eighteen  years,  shall  be  employed,  or 
permitted  or  suffered  to  work,  at  any 
gainful  occupation,  other  than  domes- 
tic service  or  work  on  a  farm,  more 
than  fifty-eight  hours  in  any  one 
week,  nor  more  than  eleven  hours  in 
any  one  day;  nor  before  the  hour  of 
half  past  six  o'clock  in  the  morning, 
nor  after  the  hour  of  seven  o'clock  in 
the  evening, — except  that  minors  six- 
teen years  of  age  or  over  may  work 
in  retail  stores  and  telephone  ex- 
changes until  ten  o'clock  in  the  even- 
ing. 

Certificates.  No  child  under  sixteen  years  of  age 

shall  be  employed,  or  permitted  or 
suffered  to  work,  in,  about,  or  in  con- 
nection with,  any  place  or  establish- 
ment named  in  section  1,  unless  the 
person,  firm,  or  corporation  employ- 
ing such  child,  procures  and  keeps  on 
file,  and  accessible  to  any  truant 
officer,  or  other  authorized  inspector, 
an  employment  certificate  as  herein- 
after prescribed. 

On  the  termination  of  the  employ- 
ment of  a  child  whose  employment 
certificate  is  on  file,  such  certificate 
shall  be  kept  by  the  employer  and 
surrendered  to  any  authorized  inspec- 
tor on  demand. 

An  employment  certificate  shall  be 
issued  only  by  the  superintendent 
of  schools,  or  where  there  is  no 
superintendent,  by  a  person  author- 
ized by  the  school  board,  provided, 
however,  that  no  person  authorized  as 
aforesaid  shall  have  authority  to  is- 
sue such  certificate  for  any  child 


50  SCHOOL   LAWS. 

then  in  or  about  to  enter  such  per- 
son's own  employment,  or  the  em- 
ployment of  a  firm  or  corporation  of 
which  he  is  a  member,  officer  or  em- 
ployee: in  the  city  of  Manchester  the 
provisions  of  Chapter  205  of  the  Ses- 
3ion  Laws  of  1905  shall  remain  in 
force,  but  the  person  appointed  under 
such  provisions  shall  be  subject  to 
the  terms  of  this  act. 

The  person  authorized  to  issue  an 
employment  certificate  shall  not  issue 
such  certificate  until  he  has  received, 
examined,  approved  and  filed  the  fol- 
lowing- papers  duly  executed: 

(1)  The  school  record  of  such  child 
properly  filled  out  and  signed,  as  pro- 
vided in  this  act. 

(2)  A     passport     or     duly     attested 
transcript  of  the  certificate   of  birth 
or  baptism  or  public  record,  showing 
the   date  and  place   of  birth   of   such 
child. 

(3)  A  certificate  from  a  medical  of- 
ficer of  the  local  board  of  health,  or 
from   a   physician    designated    by   the 
school     board,     certifying     that     the 
child  has  reached  the  normal  develop- 
ment of  a  child  of  his  age,  and  that 
he  is  in  sufficiently  sound  health  and 
physically  able  to  perform  the  work 
which  he  intends  to  do. 

Xo  employment  certificate  shall  be 
issued  until  the  child  in  question  has 
personally  appeared  before  and  been 
examined  by  the  person  issuing  the 
certificate. 

Every  such  employment  certificate 
shall  state  the  name,  sex,  and  date 
and  place  of  birth,  of  the  child, 
shall  describe  the  color  of  hair 
and  eyes,  the  height  and  weight  and 
any  distinguishing  facial  marks  of 
such  child;  that  all  papers  required 


SCHOLARS.  51 

by  the  preceding  sections  have  been 
duly  examined,  approved  and  filed; 
that  the  child  named  in  the  certificate 
has  appeared  before  the  person  sign- 
ing the  same  and  been  examined: 
and  that  such  child  has  been  found 
to  be  able  to  read  understandingly 
and  write  legibly  simple  sentences  in 
the  English  language.  Every  such 
certificate  shall  be  signed,  in  the 
presence  of  the  person  issuing  the 
same,  by  the  child  in  whose  name  it 
is  issued,  and  shall  show  the  date  of 
its  issue. 

The  school  record  required  by  this 
act  shall  be  signed  by  the  principal 
or  chief  executive  officer  of  the  school 
which  the  child  has  attended,  and 
shall  be  furnished  on  demand  to  a 
child  entitled  thereto. 

Such  record  shall  certify  that  the 
child  has  regularly  attended  the  pub- 
lic schools,  or  private  schools  law- 
fully approved  as  such,  for  not  less 
than  three  hundred  half-days,  as 
shown  by  the  school  register,  during 
the  year  previous  to  his  arriving  at 
the  age  of  fourteen,  or  during  the 
year  previous  to  applying  for  such 
school  record,  and  that  he  is  able 
to  read  understandingly  and  write 
legibly  simple  sentences  in  the  Eng- 
lish language.  Such  school  record 
shall  also  give  the  date  of  birth  and 
residence  of  the  child  as  shown  on 
the  records  of  the  school  and  the 
name  of  his  parent,  guardian  or  cus- 
todian. 

The  superintendent  of  schools  or 
other  person  authorized  to  issue  em- 
ployment certificates  shall  keep  a  rec- 
ord of  the  same  in  a  book.  Such 
record  shall  contain  a  list  of  the 
names  of  all  children  to  whom  certifi- 


52  SCHOOL   LAWS. 

cates  are  granted,  numbered  consecu- 
tively, together  with  the  date  of  is- 
sue and  the  signature  of  the  officer 
issuing  the  certificate,  and  such  books 
shall  be  carefully  preserved. 

All  blank  forms  for  records  used 
in  the  enforcement  and  administra- 
tion of  this  act  shall  be  uniform 
throughout  the  state,  shall  be  pre- 
scribed by  the  superintendent  of  pub- 
lic instruction, .and  shall  be  furnished 
by  the  state,  and  methods  of  keeping 
the  same  shall  be  approved  by  him 
as  being  within  the  contemplation  of 
this  act. 

Enforcement.  The  truant  officer  of  each  school 
district  shall  visit,  inspect,  and  cause 
to  be  enforced  the  provisions  of  this 
act  in  his  district,  and  for  this  pur- 
pose shall  have  power  to  serve  war- 
rants. 

The  superintendent  of  public  in- 
struction shall  appoint  not  exceeding 
three  state  inspectors,  who  shall  be 
paid  their  necessary  expenses  and 
such  compensation  as  the  governor 
and  council  shall  determine,  not  ex- 
ceeding $1,200  per  annum  each,  and 
who  shall  devote  their  whole  time  to 
their  work. 

The  state  inspectors,  under  the  di- 
rection of  the  superintendent  of 
public  instruction,  shall  inspect  all 
factories  and  other  places  of  employ- 
ment within  the  contemplation  of 
this  act  and  all  records  and  methods 
of  enforcement.  They  shall  have  the 
same  power  as  to  enforcement  and 
the  serving  of  warrants  as  the  sev- 
eral truant  officers. 

The  superintendent  of  public  in- 
struction, with  the  approval  of  the  at- 
torney-general, may  employ  counsel, 
and  provide  legal  assistance,  wher- 


SCHOLARS.  53 


ever  the  same  may,  in  his  opinion, 
be  necessary  for  the  enforcement  of 
the  provisions  of  this  act,  and  the 
cost  thereof  shall  be  a  charge  upon 
the  appropriation  hereinafter  pro- 
vided. 

The  superintendent  of  public  in- 
struction shall  frequently  report  to 
the  chairman  of  the  several  school 
boards  the  relative  efficiency  of  the 
several  truant  officers. 

The  governor  with  the  advice  and 
consent  of  the  council  may  require 
school  boards  to  appoint  additional 
truant  officers  if  in  their  judgment 
such  additional  officers  are  necessary. 
The  governor  with  the  advice  and 
consent  of  the  council  may  require 
the  school  board  of  any  school  dis- 
trict to  remove  any  truant  officer 
found  by  them  to  be  incompetent, 
and  to  appoint  a  competent  successor, 
and  upon  the  failure  or  neglect  of 
the  school  board  to  do  so,  they  may 
appoint  such  truant  officer  and  fix  his 
compensation,  and  such  compensation 
shall  be  paid  by  the  district. 

Children  ap-  An  inspector  or  truant  officer  shall 

parently  un-  make  demand  upon  any  employer  in 
der  sixteen.  Qr  about  whose  place  or  establish- 
ment a  child  apparently  under  the 
age  of  sixteen  years  is  employed,  or 
permitted  or  suffered  to  work,  and 
whose  employment  certificate  is  not 
filed  as  required  by  this  act,  that  such 
employer  shall  either  furnish  him 
within  ten  days  satisfactory  evidence 
that  such  child  is  in  fact  over  six- 
teen years  of  age,  or  shall  cease  to 
employ,  or  permit,  or  suffer  such 
child  to  work,  in  such  place  or  estab- 
lishment. The  inspector  shall  require 
from  such  employer  the  same  evi- 
dence of  age,  of  such  child  as  is  re- 


54  SCHOOL   LAWS. 

quired  in  the  issuance  of  an  employ- 
ment certificate,  and  the  employer 
furnishing  such  evidence  shall  not  be 
required  to  furnish  any  further  evi- 
dence of  the  age  of  the  child. 

Penalties.  Whoever     employs    any    child,    and 

whoever,  having  under  his  control  as 
parent,  guardian  or  otherwise,  any 
child,  permits  or  suffers  such  child 
to  be  employed  or  to  work  in  viola- 
tion of  any  of  the  provisions  of  this 
act,  shall  be  fined  not  less  than  five 
nor  more  than  two  hundred  dollars, 
or  be  imprisoned  for  not  less  than 
ten  nor  more  than  thirty  days,  or 
both,  in  the  discretion  of  the  court. 

Whoever  continues  to  employ  any 
child  in  violation  of  any  of  the  pro- 
visions of  this  act,  after  being  noti- 
fied thereof  by  an  inspector,  or  tru- 
ant officer,  shall  for  every  day  there- 
after that  such  employment  contin- 
ues, be  fined  not  less  than  five  nor 
more  than  twenty  dollars. 

Any  person  authorized  to  sign  any 
certificate  or  paper  called  for  by  this 
act,  who  certifies  to  any  materially 
false  statement  therein,  shall  be  fined 
not  less  than  five  nor  more  than 
two  hundred  dollars,  or  be  imprisoned 
for  not  less  than  five  nor  more  than 
thirty  days,  or  both,  in  the  discretion 
of  the  court. 

Refusal  by  an  employer  to  produce 
any  employment  certificate  required 
by  this  act  shall  be  prima  fac-ir  evi- 
dence of  the  illegal  employment  of 
any  child  whose  employment  certifi- 
cate is  not  produced. 

Any  superintendent  of  schools  or 
other  person  issuing  employment  cer- 
tificates, who  fails  to  comply  with 
the  provisions  of  this  act  shall  be 
fined  not  less  than  five  nor  more 
than  twenty-five  dollars. 


SCHOLARS.  55 

The  sum  of  six  thousand  five  hun- 
dred dollars  annually  is  appropriated 
for  the  purposes  of  this  act. 

Persons  hav-  Every  person  having1  the  custody  p  s  93-14 
ing  custody  of  and  control  of  a  child  between  the  as  amended 
causdeThe£U*o  ages  of  eight  and  fourteen  years,  or  g^'^wa 
attend  school,  of  a  child  under  the  age  ot  sixteen  1903,'  and  laws 
years,  who  cannot  read  at  sight  and  of  1911. 
write  legible,  simple  sentences  in  the 
English  language,  residing  in  a  school 
district  in  which  a  public  school  is 
annually  taught,  shall  cause  such 
child  to  attend  the  public  school  all 
the  time  such  school  is  in  session, 
unless  the  child  shall  be  excused  by 
the  school  board  of  the  district  be- 
cause his  physical  or  mental  condi- 
tion is  such  as  to  prevent  his  atten- 
dance at  school  for  the  period  re- 
quired, or  because  he  was  instructed 
in  the  English  language  in  a  private 
school  approved  by  the  school  board 
for  a  number  of  weeks  equal  to  that  in 
which  the  public  schools  were  in  ses- 
sion in  the  common  English  branches, 
or,  having  acquired  those  branches, 
in  other  more  advanced  studies.  Any 
person  who  does  not  comply  with  the 
requirements  of  this  section  shall  be 
fined  ten  dollars  for  the  first  offense 
and  twenty  dollars  for  every  subse- 
quent offense,  for  the  use  of  the  dis- 
trict; "provided,  however,  that  any  per- 
son having  the  custody  and  control 
of  a  child  may  apply  to  the  state  su- 
perintendent of  public  instruction  for 
relief  whenever  such  person  deems  it 
to  be  against  the  moral  or  physical 
welfare  of  such  child  to  attend  the 
particular  school  required  by  law,  and 
thereupon,  after  notice  to  the  school 
board  of  the  district  in  which  such 
child  is  required  to  attend  school,  the 
state  superintendent  of  public  in- 


56 


SCHOOL    LAWS. 


Superinten- 
dent of  public 
instruction  to 
have  same 
powers  as 
truant  offi- 
cers. 


Copies  of  law 
to  be  sent  to 
offenders. 


Penalty  for 
interrupting 
school. 


struction  may  order  such  child  to  at- 
tend another  school  in  the  same  dis- 
trict if  such  school  is  available;  may 
order  such  child  to  attend  school  in 
another  district,  in  which  case  the 
district  in  which  such  child  resides 
shall  pay  to  the  district  in  which  such 
child  attends  school  tuition  not  to  ex- 
ceed the  average  cost  per  child  of  in- 
struction for  the  regularly  employed 
teachers  and  the  cost  of  text-books, 
supplies  and  apparatus  for  such  time 
as  such  attendance  shall  continue; 
may  permit  such  child  to  withdraw 
from  school  attendance  for  such  time 
as  he  may  deem  necessary  or  proper; 
or  make  such  other  order  or  orders 
with  respect  to  the  attendance  of 
such  child  at  school  as  in  his  judg- 
ment the  circumstances  require." 

The  state  superintendent  of  public  P.  S.  93:15, 
instruction  shall  have  authority  to 
enforce  the  laws  relating  to  atten- 
dance  at  school  and  the  employment 
of  minors,  and,  for  this  purpose,  he 
and  any  deputy  appointed  by  him  shall 
be  vested  with  the  powers  given  by 
law  to  truant  officers  when  author- 
ized by  school  boards  to  enforce  the 
laws  relating  to  attendance  at  school 
and  the  employment  of  children.  And 
the  expenses  necessarily  incurred  by 
the  state  superintendent  in  such  en- 
forcement shall  be  paid  as  audited 
and  allowed  by  the  governor  and 
council. 

The  school  board  of  every  district 
shall  cause  a  copy  of  the  two  preced- 
ing sections  to  be  sent  to  every  per- 
son who  they  have  reason  to  believe 
does  not  comply  with  the  require- 
ments of  section  1  of  this  chapter. 

Any    person,    not    a    scholar,    who    P.  S.  93:17. 
shall  wilfully  interrupt  or  disturb  any 


1901. 


p.  s.  93:16. 


SUPERINTENDENT   OF   PUBLIC   INSTRUCTION.         57 


School    board 
must  prose- 
cute 
offenders. 


Limitation  of 
prosecution. 


Private 
schools    must 
be  approved. 


school  shall  be  punished  by  a  fine 
not  exceeding-  fifty  dollars,  or  by  im- 
prisonment not  exceeding-  thirty  days. 

It  shall  be  the  duty  of  the  school  p<  g  93:13. 
board  to  prosecute  offenders  for  vio- 
lations of  the  provisions  of  this  chap- 
ter. If  they  neglect  to  perform  this 
duty  they  shall  forfeit  twenty  dollars 
for  each  neglect,  for  the  use  of  the 
district,  to  be  recovered  in  the  name 
of  the  district  by  the  selectmen  of  the 
town.  All  necessary  expenses  in- 
curred in  such  proceedings  shall  be 
paid  by  the  district. 

No   prosecution   under  this  chapter    P.  S.  93:19. 
shall  be  sustained  unless  begun  with- 
in one  year  after  the  offense  is  com- 
mitted. 

No    certificate    as    provided    in    the    p.  s.  93:20, 
foregoing  sections  shall  be  issued  for    enacted  by  62, 
attendance  at  any  private  school,  un-    Iaws  : 
less  such  school  shall  have  previously 
been    approved    by    the   school    board 
of  the  district  in  which  it  is  situated 
as  furnishing  instruction  in  the  Eng- 
lish   language   in    all    the    studies    re- 
quired by  law  equal  to  that  given  in 
the    public    schools    of    said    district, 
and   unless  the  record  of  attendance 
shall    be    kept    in    the    form    required 
of  the  public  schools,  and  be  open  to 
the    Inspection    of    the    school    board 
of  the  district  at  all  times. 


VII. 


'OF     PUBLIC     INSTRUC- 
TION. 


Appointment.          The    governor,    with    the    advice    of    P>  s%  94:h 
council,    shall    appoint    a    superinten- 
dent of  public  instruction,  who  shall 
hold  office  for  the  term  of  two  years, 
and    shall    have    general    supervision 


58  SCHOOL    LAWS. 

and  control  of  the  educational  inter- 
ests of  the  state. 

Duties.  The     superintendent    of    public    in-    P.  S.  94:2,  as 

struction  shall  prescribe  the  form  of  g?"^*  by 
register  to  be  kept  in  the  schools,  1^95  ^nd  33 
and  the  form  of  blanks  and  inquiries  laws  1903. 
for  the  returns  to  be  made  by  the 
school  boards,  and  shall  seasonably 
send  the  same  to  the  clerks  of  the 
several  towns  and  cities  for  the  use 
of  the  school  boards  therein;  he 
shall  receive,  preserve,  or  distribute 
all  state  documents  in  regard  to  pub- 
lic schools  or  education,  and  shall  re- 
ceive and  arrange  in  his  office  reports 
and  returns  of  school  boards;  he 
shall  investigate  the  condition  and 
efficiency  of  the  system  of  popular 
education  in  the  state,  especially  in 
relation  to  the  amount  and  character 
of  the  instruction  given  to  the  study 
of  physiology  and  hygiene,  having 
special  reference  to  the  effects  of  al- 
coholic stimulants  and  of  narcotics 
upon  the  human  system,  and  shall 
recommend  to  school  boards  what  he 
considers  the  best  text-books  upon 
those  subjects  and  suggest  to  them 
the  best  mode  of  teaching  them,  and 
shall  pursue  such  a  course  for  the 
purpose  of  awakening  and  guiding 
public  sentiment  in  relation  thereto 
as  may  seem  to  him  best,  and  he  shall 
biennially  make  a  report,  containing 
a  concise  abstract  of  the  returns  of 
the  school  boards,  a  detailed  report 
of  his  own  doings,  a  statement  of  the 
condition  and  progress  of  popular  ed- 
ucation in  the  state,  and  such  sugges- 
tions and  recommendations  in  regard 
to  improving  the  same  as  his  infor- 
mation and  judgment  may  dictate. 
He  shall  have  authority  at  the  close 
of  each  biennial  session  of  the  legis- 


SUPERINTENDENT    OF    PUBLIC    INSTRUCTION. 


59 


Institutes. 


Institute 
fund. 


Expenses  of 
institute. 


lature  to  compile  and  issue  at  the  ex- 
pense of  the  state  an  edition  of  the 
school  laws  with  the  session  amend- 
ments, not  exceeding  two  thousand 
copies. 

He  shall  visit  and  lecture  upon  edu-  P.  s-  94:3- 
cational  subjects  in  as  many  towns 
and  cities  of  the  state  during  the 
term  of  his  office  as  the  time  occupied 
by  his  other  official  duties  will  per- 
mit. 

He  shall  organize,  superintend,  p.  s.  94:4. 
and  hold  at  least  one  teachers'  insti- 
tute each  year  in  each  county  of  the 
state,  and  appoint  the  time  and  place, 
and  make  suitable  arrangements 
therefor. 

In  case  he  is  unable  for  any  cause  P.  S.  94:5. 
to  conduct  in  person  any  institute,  or 
to  make  the  necessary  arrangements 
therefor,  he  shall  appoint  the  princi- 
pal of  the  state  normal  school,  or 
some  other  suitable  person,  for  that 
purpose. 

The  state  treasurer  is  authorized  p.  s.  94:6. 
and  instructed  to  invest,  as  a  perma- 
nent institute  fund,  the  proceeds  of 
the  sale  of  the  state  lands  effected 
under  the  authority  of  a  joint  reso- 
lution approved  June  28,  1867,  and  the 
annual  income  thereof  is  set  apart 
for  the  support  of  teachers'  insti- 
tutes. 

The  superintendent  of  public  in-  p.  s.  94:7. 
struction  may  draw  upon  the  state 
treasurer  each  year  for  such  part  of 
said  income  as  may  be  required  to 
defray  the  necessary  expenses  of  the 
institutes,  and  for  procuring  suitable 
instruction  and  lectures  for  the  same. 

His    account    for    the    expenses    of    p.  s.  94:8. 
the   institutes   shall  be    audited   each 
year    by    the    governor    and    council, 
and  he  shall  incorporate  in  his  annual 


60 


SCHOOL   LAWS. 


report  a  report  of  the  institutes  and 
of  the  expenses  of  the  same. 

Copy  of  re-  He  shall  forward  to  the  chairman  of    P.  S.  94-9. 

ports  to  be         every  school  board  in  the  state  a  copy 

boards0.  S<  of   each   of   his  annual  reports. 

Traveling  ex-         The   traveling  expenses   necessarily    P.  S.  94:11, 

penses.  incurred    by    the    superintendent    of    *t  ^^^ 

public  instruction  in  the  performance 
of  the  regular  duties  of  his  office 
shall  be  paid  as  audited  and  allowed 
by  the  governor  and  council,  not  to 
exceed  one  hundred  and  fifty  dollars 
($150)  in  any  one  year. 


5glas 
' 


VIII. 


NORMAL   SCHOOLS. 


Establish- 
ment. 


Trustees. 


Officers  of 
board  of 
trustees. 


Plymouth. 

The  New  Hampshire  State  Xormal  p.  s.  95:1. 
School,  as  heretofore  established  and 
located,  is  continued.  The  instruc- 
tion in  the  school  shall  be  confined 
to  such  branches  as  will  specially  pre- 
pare the  pupils  to  teach  in  the 
public  schools,  and  to  such  other 
branches  as  are  usually  taught  in  nor- 
mal schools.  The  school  shall  be  in 
session  at  least  twenty  weeks  in  each 
year. 

The     management     of     the     school    p.  3.  95:2, 
shall  be  vested  in  a  board  of  trustees    as  amended 
composed  of  the  governor,  the  super-   Jgjg3«  laws 
intendent    of   public    instruction,    and 
five   other   persons   who    shall   be   ap- 
pointed   by    the    governor,    with    the 
advice  of  the  council,  and   shall  hold 
office    for    five    years,    one    of    whom 
shall  be  appointed  each  year. 

The    board    shall    choose    from    its    p   g.  95.3. 
members    a    president    and    secretary, 
and   such   committees   and    other  offi- 
cers as  may  be  necessary  to  transact 


NORMAL   SCHOOLS. 


61 


Teachers. 


Courses  of 


Examina- 
tions,  admis- 
sion and 
graduation. 


Tuition  free 
upon  certain 
conditions. 


Support. 


Teachers   at 
institutes. 


its  business,  and  may  choose  a  treas- 
urer who  is  not  a  member  of  the 
board.  They  shall  meet  at  least  once 
each  year  and  shall  receive  no  com- 
pensation for  services,  but  shall  be 
paid  their  reasonable  expenses  while 
engaged  in  the  performance  of  their 
duties. 

'They  shall  select  anjd  employ  a  P.  S.  95:4. 
principal  teacher  for  the  school,  who 
shall  be  allowed,  with  their  advice 
and  consent,  to  select  the  assistants, 
and  provide  for  the  discipline  of  the 
school. 

The    trustees,    with    the    principal,    P.  S.  95:5. 
shall  arrange  courses  of  study  for  the 
school. 

The  trustees  and  principal  shall  P.  S.  95:6. 
prescribe  and  control  the  examina- 
tions for  the  admission  and  gradua- 
tion of  pupils,  and  they  shall  grant 
certificates  of  graduation  to  such  as 
complete  either  course  and  pass  the 
required  examinations. 

Tuition  and  graduation  shall  be  p.  s.  95:7. 
free  to  all  those  completing  either 
course  of  study  who  will  agree  to 
teach  in  the  public  schools  of  this 
state  for  a  period  equal  to  the  length 
of  such  course.  The  trustees  shall 
make  such  provisions  as  may  be 
necessary  to  effect  the  purposes  of 
this  section. 

The    sum    of    twenty-five    thousand    P    S-  95:8) 
dollars   is   annually    appropriated   for   as  amended 
the  maintenance  of  the  school,  to  be    ^59,  laws 
expended  as  the  trustees  shall  direct. 

The  principal  and  teachers  of  the  P.  S.  95:9. 
State  Normal  School  shall  assist  and 
give  instruction  at  teachers'  insti- 
tutes, so  far  as  they  can  without  in- 
terfering with  their,,  duties  in  the 
normal  school,  but  they  shall  receive 
no  additional  compensation,  except 


62 


SCHOOL   LAWS. 


Duties  of 
superinten- 
dent of  public 
instruction   in 
connection 
with  school. 


for  travel  and  other  actual  and  neces- 
sary expenses  while  so  employed. 

The  superintendent  of  public  in- 
struction, in  his  annual  report,  shall 
state  the  condition  of  the  school,  the 
terms  of  admission  and  graduation, 
the  times  of  the  commencement  and 
close  of  the  sessions,  and  shall  cause 
the  same  to  be  printed  on  the  cover 
of  the  school  register. 

Keene. 


P.  S.  95:10. 


Establish- 
ment Keene 
Normal 
School. 


Contract  with 
city  of 
Keene. 


On  or  before  May  1,  1909,  the  gov-    157 :1,  laws 
ernor  and   council   and   the   board    of    19°9. 
trustees  of  the  State  Normal  School 
shall    organize    as    a    joint   board    for 
the  location   and   establishment   of   a 
normal  school  in  Keene. 

Said  board  is  hereby  authorized  to    1S7.9   ,„„ 
.        .  loi  .£,  laws 

receive  aid  in  money,  property  or  1909. 
other  valuable  effects,  for  the  bene- 
fit of  said  school  from  any  and  all 
individuals  or  municipal  or  other  cor- 
porations. Said  board  is  authorized 
to  purchase  or  acquire  such  lands  as 
it  may  deem  best,  consistent  with  the 
amount  or  means  appropriated  or 
otherwise  obtained  for  such  purposes. 
And  in  the  purchase  or  acquisition 
of  lands  and  the  buildings  thereon,  if 
any,  said  board  is  authorized  and  di- 
rected to  procure  a  good  and  suita- 
ble deed  of  conveyance  in  the  name  of 
the  state  and  a  proper  instrument  of 
sale  of  all  such  library,  school  furni- 
ture and  apparatus  therein  as  may  be 
acquired. 

Xo  money  shall  be  expended  under    157.3   laws 
the    provisions    of   this    act    until    the    1909.' 
union  school  district  in  said  city  shall 
have    agreed    in    writing    through    its 
duly  authorized  officials  with"  the  duly 
authorized     officials     acting    for     the 


NORMAL   SCHOOLS. 


63 


Appropriation 
for  establish- 
ment. 


Government. 


Contracts 
with   towns 
other  than 
Plymouth  cr 
Keene. 


state,  to  cooperate  with  said  school  in 
the  maintenance  of  model  and  prac- 
tice schools,  for  a  term  of  years,  in 
such  manner  as  shall  meet  with  the 
approval  of  said  trustees,  and  said 
district  is  hereby  authorized  to  enter 
into  such  contract. 

A  sum  not  to  exceed  ten  thousand  157:4,  laws 
dollars  ($10,000)  is  hereby  appropri-  1909. 
ated  for  the  purposes  of  sections  1 
and  2  of  this  act  and  the  governor  is 
hereby  authorized  to  draw  his  war- 
rant for  all  or  any  part  of  said 
amount  upon  any  moneys  in  the 
treasury  not  otherwise  appropriated, 
said  sum  to  be  used  in  connection 
with  any  other  money  or  moneys  that 
may  be  secured  from  any  other 
source  for  the  aforementioned  pur- 
poses. 

Said  school  when  established  shall  157:5,  laws 
be  under  the  direction  of  the  board  of  19°9' 
trustees  of  the  state  normal  school 
now  established,  and  said  board  shall 
be  styled  The  Board  of  Trustees  of 
the  New  Hampshire  Normal  Schools. 
All  provisions  of  chapter  95  of  the 
Public  Statutes  and  the  amendments 
thereto,  not  inconsistent  herewith,  re- 
lating1 to  the  organization,  govern- 
ment and  maintenance  of  the  normal 
school  mentioned  therein  and  all  the 
duties  imposed  or  prescribed  thereby 
for  the  trustees,  teachers  or  pupils 
and  the  superintendent  of  public  in- 
struction shall  apply  to  and  be  ob- 
served in  the  organization,  govern- 
ment and  maintenance  of  the  normal 
school  established  under  this  act. 

The  Board  of  Trustees  of  the  New    157:6,  laws 
Hampshire  Normal  Schools  is  hereby    1909« 
authorized  to  contract  with  any  city 
or  town  in   the  vicinity   of   either   of 
the    normal    schools    for   the    mainte- 


Maintenance. 


SCHOOL   LAWS. 

nance  of  practice  schools  tnerein  in 
connection  with  said  normal  schools 
and  may  provide  for  the  payment  of 
such  portion  of  the  compensation  of 
the  supervising  teachers  employed  in 
said  practice  schools  as  they  may 
deem  just  and  equitable. 

Any  city  or  town  is  hereby  author-    157:7(   lawg 
ized  to  enter  into  such  contract  as  is    1009.' 
provided  by   either   section  3   or   sec- 
tion  6   of  this   act;    also   any  city  or 
town  is  authorized  to  make  such  gifts 
as  it  may  determine  for  the  establish- 
ment  or  maintenance  of  said  school. 

[The    sums    of    seventeen    thousand    157:8,  laws 
and  fifty  dollars  ($17,050)  and  nineteen    ]90&> 
thousand  eight  hundred  and  fifty  dol- 
lars ($19,850)  are  hereby  appropriated 
for   the   support   and  maintenance   of 
said   school  for  each  school  year  be- 
ginning with  the  school  year  opening 
in    September,    1911   and    1912   respec- 
tively.] 

IX. 


HIGH   SCHOOLS. 


Districts  may  Any  school  district  may,  by  vote  or  P  s  89:9 
high  by-law,  establish  and  maintain  a  high 
school  in  which  the  higher  English 
branches  of  education  and  the  Latin, 
Greek,  and  modern  languages  may  be 
taught. 

No  high  school  established  by  a  20,  laws  1905. 
vote  of  a  town  shall  be  discontinued, 
or  the  location  thereof  be  changed, 
except  by  the  superior  court,  on  peti- 
tion of  the  school  board  of  the  town 
district  in  which  it  is  located,  after 
such  notice  as  the  court  may  order, 
if  it  shall  appear  that  the  educational 
interests  of  the  town  district  require 
such  discontinuance  or  change. 


schools. 


Discontinu- 
ance of  such 
schools. 


HIGH    SCHOOLS. 


65 


Town  must 
maintain. 


Adjoining  dis- 
tricts may 
make  con- 
tracts  for 
establishing 
joint   high 
school. 


Districts  may 
contract  for 
tuition. 


High    schools 
in  dissolved 
special  dis- 
tricts. 


It  shall  be  the  duty  of  any  town  in  72,  laws  1905. 
which  there  is  a  high  school,  estab- 
lished by  vote  of  the  town,  to  raise 
and  appropriate  each  year  sufficient 
money  to  properly  maintain  such 
school. 

Two  or  more  adjoining  districts  in  p.  g.  g9;io. 
the  same  or  different  towns  may 
make  contracts  with  each  other  for 
establishing  and  maintaining  jointly 
a  high  or  other  public  school  for  the 
benefit  of  their  scholars,  and  may 
raise  and  appropriate  money  to  carry 
the  contracts  into  effect;  and  their 
school  boards,  acting  jointly  or  other- 
wise, shall  have  such  authority  and 
perform  such  duties  in  relation  to 
schools  so  maintained  as  may  be  pro- 
vided for  in  the  contracts. 

Any  school  district  may  contract  p.  g.  89:10. 
with  an  academy,  seminary,  or  other 
literary  institution  located  within 
its  limits  or  in  its  immediate  vicinity, 
for  furnishing  instruction  to  its  schol- 
ars; and  the  school  money  may  be 
used  to  carry  the  contract  into  effect. 

[Contracts  made  with  institutions  situated 
outside  the  state  are  not  deemed  valid  except 
in  the  instances  specified  below.] 

Whenever  any  school  district  organ-  64:1,  laws 
ized  under  a  special  act  of  the  legisla-  *8>L 
ture  shall  vote  to  abolish  such  dis- 
trict and  to  unite  with  the  town  dis- 
trict, if  said  town  district  shall  vote 
to  receive  said  special  district,  if  said 
special  district  has  for  the  five  years 
next  preceding  such  vote  maintained 
a  high  school,  it  shall  be  incumbent 
on  the  town  district  with  which  it 
unites  to  thereafter  keep  and  main- 
tain within  the  limits  of  said  special 
district  a  high  school  for'  at  least 
thirty-four  weeks  in  each  year,  and  of 
equal  grade  to  that  which  had  been 


66 


SCHOOL    LAWS'. 


Towns  must 
maintain  such 
schools. 


Discontinu- 
ance of  such 
schools. 


Penalty. 


Towns  not 
maintaining 
high  schools 
must  pay  tui- 
tion. 


previously  maintained  therein  by- 
such  special  district,  said  high  school 
to  be  open  to  all  scholars  in  the  town 
district,  of  suitable  age  and  qualifica- 
tions. 

It  shall   be  the  duty  of   said   town    64:2,    laws 
district  to  raise  and  appropriate  each    1891. 
year    thereafter    sufficient    money    in 
addition   to   the   school   money  which 
the  town  in  which  it  is  situated  may 
raise,  to  properly  maintain  such  high 
school,   or   schools,  as  may  be   estab- 
lished under  the  preceding  section. 

Any  high  school  herebj'  established   64:3,  laws 
may  be  discontinued,  or  the  location    1 
thereof     changed,     by     the     supreme 
court,  on  petition  of  the  school  board 
of  the  town  district  in  which  it  is  lo- 
cated, after  such  notice  as  the  court 
may  order,  if  it  shall  appear  that  the 
educational     interests     of    the     town 
district    require    such    discontinuance 
or  change. 

Any  town  district  failing  to  comply    64:4>  jaws 
with  the  provisions  of  this  act,  or  any    ISPI. 
of  them,  shall  be  fined  for  such  neg- 
lect. 

Any  town  not  maintaining  a  high  96:1,  laws 
school  or  school  of  corresponding  l-Ol,  as 
grade  shall  pay  for  the  tuition  of  any 
child  who  with  parents  or  guardian  1903. 
resides  in  said  town  and  who  attends 
a  high  school  or  academy  in  the  same 
or  another  town  or  city  in  this  state, 
and  the  parent  or  guardian  of  such 
child  shall  notify  the  school  board  of 
the  district  in  which  he  resides  of  the 
high  school  or  academy  which  he  has 
determined  to  attend;  i>n>ri<l«l,  lio\r- 
.  that  no  town  shall  be  liable  for 
tuition  of  a  child  in  any  school,  in 
excess  of  the  average  cost  per  child 
of  instruction  for  the  regularly  em- 
ployed teachers  of  that  school  and 


HIGH    SCHOOLS. 


67 


Liability  for 
tuition. 


Rebate  from 
state  in  cer- 
tain cases. 


the  cost  of  text-books,  supplies,  and 
apparatus  during  the  school  year  pre- 
ceding, nor  in  any  case,  shall  the 
town  be  liable  for  tuition  for  any 
child  in  excess  of  forty  dollars  per 
year. 

If  any  town  in  which  a  high  school  96:2,  laws 
or  school  of  corresponding  grade  is  1901- 
not  maintained  neglects  or  refuses  to 
pay  for  tuition  as  provided  in  the  pre- 
ceding section,  such  town  shall  be  li- 
able therefor  to  the  parent  or  guar- 
dian of  the  child  furnished  with  such 
tuition,  if  the  parent  or  guardian  has 
paid  the  same,  or  to  the  town  or  city 
furnishing  the  same  in  an  action  of 
contract. 

[Such  sum  as  may  be  needed]  shall    96:3,  laws 
be    appropriated    annually    from    the    J^gfnJJd  ] 
state  treasury  for  the  payment  of  tui-    gg)  iaws 
tion   in    high   schools    and    academies,    1905. 
to  be   paid  by  the   state   treasurer   in 
the  month  of  December  of  each  year 
to    the    treasurers    of    such    towns    as 
are  entitled,  and  in  such  manner  as  is 
hereinafter    provided,    upon    a    sworn 
certificate    of    the    superintendent    of 
public  instruction  of  the  sums  due. 

Towns  whose  rate  of  taxation  for 
school  purposes  in  any  year  is  $3.50  or 
more  on  $1,000,  and  whose  average 
rate  of  taxation  for  all  purposes  for 
five  years  next  preceding  is  $16.50  or 
more  on  $1,000,  shall  receive  a  share 
of  said  appropriation  as  follows: 

If    the    tax    rate    is    from    $16.50    to 

$17.49,   one  tenth  of  the  tuition  paid. 

If    the    tax    rate    is    from    $17.50    to 

$18.49,  two  tenths  of  the  tuition  paid. 

If    the    tax    rate   is    from    $18.50    to 

$19.49,    three    tenths    of    the    tuition 

paid. 

If  the  tax  rate  is  from  $19.50  to 
$20.49,  four  tenths  of  the  tuition  paid.  , 


68 


SCHOOL   LAWS. 


Definition  of 
high  school. 


Approval  by 
superinten- 
dent of  public 
instruction. 


Literary  fund 
for  scholars 
attending 
high  schools 
and  acade- 
mies. 


If  the  tax  rate  is  from  $20.50  to 
$21.49,  five  tenths  of  the  tuition  paid. 

If  the  tax  rate  is  from  $21.50  to 
$22.49,  six  tenths  of  the  tuition  paid. 

If  the  tax  rate  is  from  $22.50  to 
$23.49,  seven  tenths  of  the  tuition 
paid. 

If  the  tax  rate  is  from  $23.50  to 
$24.49,  eight  tenths  of  the  tuition 
paid. 

If  the  tax  rate  is  from-  $24.50  to 
$25.49,  nine  tenths  of  the  tuition  paid. 

Over  $25.49,  the  whole  of  such  tui- 
tion. 

By  the  term  "high  school"  or  "acad-    9^.4    jawB 
emy,"   as  used   in   this  act,   is   under-    1901*,  as 
stood    a    school    having    at    least    one    l™®^6^7 
course    of   not   less   than    four   years,    law^  1903 
properly   equipped  and   teaching  such    and  19,  laws 
subjects   as   are    required   for    admis-    19°5. 
sion  to  college,  technical  school,  and 
normal    school,    including    reasonable 
instruction  in  the  constitution  of  the 
United  States  and  in  the  constitution 
of  New  Hampshire,  such  high  school 
or    academy    to    be    approved    by    the 
state  superintendent  of  public  instruc- 
tion  as   complying  with   the   require- 
ments  of  this   section.     And  said   su- 
perintendent is  authorized  to  approve 
a  school  maintaining  any  part  of  such 
course  for  the  part  so  maintained. 

Towns  paying  tuition  of  scholars  in  96.5  ]awg  19^ 
high  schools  or  academies  shall  re- 
ceive a  proportionate  share  of  the  lit- 
erary fund  for  the  attendance  of 
such  pupils.  All  academies  and  pri- 
vate schools  shall  be  furnished  with 
copies  of  the  school  register,  and 
shall  make  an  annual  statistical  re- 
port to  the  state  superintendent. 


HIGH    SCHOOLS. 


69 


Districts  may 
make  con- 
tracts for  tui- 
tion.   Status 
of  schools 
with  which 
contracts   are 
made. 


Districts    lo- 
cated on  state 
line  may  con- 
tract with 
institutions 
in  other 
states. 


Any  school  district  may  make  con- 
tracts with  any  academies  or  high 
schools  or  other  literary  institutions 
located  in  the  state  for  furnishing  in- 
struction to  its  scholars,  and  such 
school  district  may  raise  and  appro- 
priate money  to  carry  into  effect  any 
contracts  in  relation  thereto.  Every 
such  academy  or  high  school  or  liter- 
ary institution  shall  then  be  deemed 
a  high  school  maintained  by  such  dis- 
trict, if  approved  by  the  superinten- 
dent of  public  instruction  in  accor- 
dance with  section  4  of  this  act. 

The  school  districts  in  the  towns  of 
Walpole,  Mason,  Rollinsford  and  Con- 
way  may  make  contracts  with  Bel- 
lows Falls,  Vt.,.  Townsend,  Mass., 
Berwick  Academy,  Me.,  and  Fryeburg 
Academy,  Me.,  respectively,  for  fur- 
nishing instruction  to  their  pupils  of 
high  school  grade,  and  may  raise  and 
appropriate  money  to  carry  such  con- 
tracts into  effect. 

Any  school  district  in  towns  bor- 
dering on  the  state  line,  not  having  a 
high  school  or  school  of  correspond- 
ing grade,  may  make  contracts  with 
high  schools  or  academies  in  towns 
and  cities  located  out  of  the  state, 
whenever  by  reason  of  distance  and 
transportation  facilities  such  schools 
outside  the  state  are  more  accessible 
to  the  pupils,  and  may  raise  and  ap- 
propriate money  to  carry  such  con- 
tracts into  effect,  provided,  however, 
that  every  such  academy  or  high 
school  shall  be  approved  by  the  su- 
perintendent of  public  instruction,  in 
accordance  with  section  4,  chapter  96, 
Session  Laws  of  1901,  and  acts  in 
amendment  thereof  and  addition 
thereto. 


96:6,  laws 
1901,  as 
amended  by 
118,  laws  1903, 
and  90,  laws 
1905. 


122,   laws 
1907. 


96:7,  laws 
1901,  as 
enacted  by 
100,   laws 


70 


SCHOOL   LAWS. 


Districts    lo- 
cated on  state 
line  must  pay 
tuition  in 
approved  in- 
stitutions  in 
other  states. 


Such  districts 
shall  be  en- 
titled to 
rebate. 


Any  district  in  a  town  bordering 
on  the  state  line  not  maintaining  a 
high  school  or  school  of  correspond- 
ing grade  shall  pay  for  the  tuition  of 
any  child,  who,  with  parents  or  guar- 
dian resides  in  said  district  and  who 
attends  a  high  school  or  academy  lo- 
cated out  of  the  state,  whenever  by 
reason  of  distance  and  transportation 
facilities  such  schools  outside  the 
state  are  more  accessible  to  the  pu- 
pils, i>r<,ri<l«l.  Jtmnrer,  that  every  such 
academy  or  high  school  shall  be  ap- 
proved by  the  superintendent  of  pub- 
lic instruction,  in  accordance  with 
section  4,  chapter  96,  Session  Laws  of 
1901,  and  acts  in  amendment  thereof 
and  addition  thereto,  and  the  parents 
or  guardian  of  such  child  shall  notify 
the  school  board  of  the  district  in 
which  he  resides  of  the  high  school 
or  academy  which  he  desires  to  at- 
tend, and  the  approval  of  the  school 
board  shall  be  necessary  in  all  cases 
arising  under  this  section. 

Towns  paying  for  tuition  of  schol- 
ars in  high  schools  or  academies  out 
of  the  state  shall  be  entitled  to  share 
in  the  annual  appropriation  of  the 
state  for  such  tuition,  and  in  the  lit- 
erary fund,  so  called,  in  the  same 
manner  as  towns  paying  for  the  tui- 
tion of  children  attending  a  high 
school  or  academy  in  the  state. 

The  principal  of  each  college,  acad- 
emy, seminary,  or  other  institution 
of  learning  incorporated  by  the  laws 
of  this  state,  shall  annually  and  be- 
fore the  first  day  of  November  of  each 
year,  forward  to  the  Xew  Hampshire 
Genealogical  Society,  for  its  library, 
one  copy  of  each  printed  catalogue  of 
its  officers  and  students  and  courses 
of  studies  published  during  the  year 
next  preceding  said  date. 


96:8,  laws 
11*01,  as 
enacted  by 
100,   laws 


96:9,  laws 
1901,  as 
enacted  by 
100,   laws 


40,   laws, 
1907. 


SUPERVISION. 


x. 


SUPERVISION. 


Districts  may 
require  board 
to  appoint 
superinten- 
dent. 


Two  or  more 
towns  or 
special  dis- 
tricts may 
jointly  em- 
ploy superin- 
tendent. 


Two  or  more 
towns  or 
special  dis- 
tricts may 
form  super- 
visory dis- 
trict. 


A    school    district   may    require   the    P.  S.  90:24, 
school  board  to  elect  or  appoint  a  su-    as  amended 
perintendent    of    schools,    who    shall    J|958'  la 
hold    office    for   such   term,   be   vested 
with  such  of  the  powers  and  charged 
with  such  of  the  duties  of  the  school 
board,    and   be    entitled    to   such   com- 
pensation as  it  may  provide;  and  such 
district    may     raise    and    appropriate 
money  to  pay  the  compensation. 

Two  or  more  towns  or  special  dis-  j^'  laws 
tricts  may,  by  vote  of  each,  form  a 
district  for  the  purpose  of  employing 
a  superintendent  of  the  public  schools 
therein,  who  shall  perform  in  each 
town  the  duties  prescribed  by  law 
and  the  regulations  of  the  school 
boards. 

Such  superintendent  shall  be  ap-  47:2,  laws 
pointed  by  a  joint  committee  com-  1895. 
posed  of  the  school  board  of  each  of 
the  towns  of  said  district,  who  shall 
determine  the  relative  amount  of 
service  to  be  performed  by  him  in 
each  town,  and  shall  fix  his  salary 
and  apportion  the  amount  thereof  to 
be  paid  by  the  several  towns,  and 
certify  such  amount  to  the  treasurer 
of  each  town.  Said  joint  committee 
shall  for  said  purposes,  be  held  to 
be  the  agents  of  each  town  compos- 
ing such  district. 

Two   or  more   towns  or  special   dis-    77:1, 
tricts,    or    their    school    boards    when    1 
duly    authorized    by    their    respective 
districts,  may,  by  vote  of  each,  form 
a    supervisory    district    for    the    pur- 
pose   of   employing   a    superintendent 
of    the    public    schools    therein,    who 
shall  perform  in  each  town  the  duties 


72 


SCHOOL    LAWS. 


Joint  super- 
visory com- 
mittee. 


State  will  pay 
one  half 
salary  of  su- 
perintendent. 


prescribed  by  law  and  by  the  regula- 
tions of  the  school  boards,  giving 
thereto  his  entire  time. 

The  school  boards  of  the  several  77:2,  laws 
districts  forming  the  supervisory  dis-  1899- 
trict  shall  constitute  a  joint  commit- 
tee which  for  all  purposes  of  this  act 
shall  be  the  agent  of  each  district 
therein  represented.  Said  committee 
shall  meet  between  April  1  and  Au- 
gust 1  of  each  year,  as  may  be  agreed 
upon  by  the  chairmen  of  the  several 
boards,  and  organize  by  the  choice  of 
a  chairman,  a  secretary,  and  a  treas- 
urer. It  shall  elect  a  superintendent 
for  such  supervisory  district,  deter- 
mine the  character  and  value  of  his 
services,  and  apportion  the  same 
among  the  several  districts,  certify- 
ing such  apportionment  to  their  re- 
spective treasurers. 

Any  town  or  special  district  which 
shall  unite  with  one  or  more  districts 
to  form  a  supervisory  district,  which 
shall  employ  as  superintendent,  at  an 
annual  salary,  a  person  holding  a 
permanent  state  teachers'  certificate, 
and  shall  certify  through  its  chair- 
man and  secretary  such  facts  to  the 
state  treasurer,  shall  be  entitled  to 
one  half  its  apportioned  share  of  said 
salary,  said  sum  to  be  paid  by  him 
in  December  of  each  year  to  the  town 
treasurer  of  each  town  in  said  super- 
visory district,  upon  sworn  statement 
of  the  state  superintendent  of  pub- 
lic instruction  certifying  as  to  what 
amount  each  town  is  entitled.  This 
section  shall  not  apply  to  cities. 

[The  town's  portion  of  the  superintendent's 
salary  may  be  paid  out  of  the  school  money.] 


77:3,  laws 
1899,  as 
amended  by 
18,    laws   1901. 


UNCLASSIFIED. 


73 


Size  of  dis- 
tricts. 


Withdrawal 
from    super- 
visory dis- 
trict. 


Supervisory    districts    of    less    than    77:4,  laws 
three    towns    formed    under   this    act    J5!!«n!Xa 

M  -1  a.Lu.GIlQ6Q 

shall   employ   not  fewer   than  twenty    115,  iaws 
nor  more  than  sixty  teachers.  1905. 

Any  town  or  special  district  which  gi,  laws 
has  united,  or  may  hereafter  unite,  1901. 
with  any  other  town  or  towns,  dis- 
trict or  districts,  to  form  a  supervi- 
sory district,  as  provided  by  chapter 
77  of  the  Laws  of  1899,  may,  at  any 
annual  school  district  meeting,  by 
vote,  rescind  such  action,  and  there- 
upon shall,  at  the  end  of  the  school 
year  or  at  the  expiration  of  the  pe- 
riod for  wrhich  such  supervisory  dis- 
trict may  then  already  have  con- 
tracted for  the  services  of  a  superin- 
tendent, cease  to  be  a  part  of  such  su- 
pervisory district. 

XL 


UNCJLASSIFIED. 


Town  clerks 
must  notify 
superinten- 
dent of  public 
instruction 
names  of  lo- 
cal   school 
board. 


Legalizing 
actions  of 
town  and  dis- 
trict meet- 
ings,  1909. 


Every  town  clerk,  within  thirty  P.  S.  43:3. 
days  after  the  annual  meeting1,  shall 
report  to  state  officers  the  names 
and  postoffice  addresses  of  town  offi- 
cers as  follows:  ...  to  the  state 
superintendent  of  public  instruction, 
those  of  the  local  school  board.  .  . 

.  Any  town  clerk  who  neglects  to 
make  reports  as  required  by  this  sec- 
tion shall  be  subject  to  pay  a  fine  of 
twenty  dollars  for  each  failure,  one 
half  for  the  use  of  the  department  to 
which  he  fails  to  report,  and  the  other 
half  for  the  use  of  the  town. 

All  acts  and  proceedings  of  the  vot-  97,  laws  1909. 
ers  of  towns  in  the  year  1909  appro- 
priating money  for  school  purposes, 
whether  same  was  voted  in  annual 
town  or  annual  school  district  meet- 
ings, are  hereby  legalized  and  made 
valid. 


INDEX. 


Page 

Academies,  approved   by  superintendent  of  public  instruc- 
tion,  when    68 

contracts    with    terminated    by   superintendent 

of    public    instruction,    when 12 

Academy,  definition    of    68 

districts  may  contract  with,   when 12,  65 

see  liujli  school. 

Attendance     45 

average,  state  aid  based  upon 7 

by-law    concerning-     46 

penalty  for  offense  against   by-law 46 

see  employment  of  children. 

Auditors  of  districts   26 

By-law,   district    46 

Certificated  teachers  entitle  district  to  state  aid 7 

Certification   of   teachers  by   superintendent   of   public  in- 
struction      44 

Check-list  to  be  used  at  school  meeting,  when 23 

Child  labor,  see  employment  of  children. 

Children,  certificates  furnished  to,  see  employment  of  children. 

enumeration  of,  by  truant  officer,  when 41 

Clerk  of  district,  duty   of    25,  26 

how  chosen   25 

vacancy,   how  filled 25 

75 


76  INDEX. 

Page 

Concord  Union  School  district,  buildings  in 32 

Contagious   diseases    45 

Contracts  with  academies  may  be  terminated 12 

Conveyance  of  scholars  35 

Daj^  school,  in  absence  of  contract 42 

District  clerk,  see  clerk. 

definition    of    10 

meetings,  see  meetings. 
officers,  see  officers. 

organization    of    10 

Districts,  admission  of  scholars  from  other  districts 15 

annexation   of    territory 18,  19 

contracting  with  high   schools  outside  of   state, 

to   receive   rebate,  when 70 

dissolution  of  special 15-17 

joint  schools  of  two  or  more 12 

maintenance  of  high  schools  in  dissolved  special  18 

may  contract  with  secondary  schools    13,  69 

outside   the 

state,  when  13 

establish  evening    schools    27 

high  schools    12,  69 

joint    schools    12 

hire   money,   how 11 

for    what     11 

maintain    high    schools    12 

make   by-laws    46 

raise  money,  for  what 5,  11,  18 

require  appointment  of  superintendent 27,  71 

records  of  dissolved   schools 17 

situate  in  two  or  more  towns 15 

something  that  may  not  be  done  by 20 

summary  of  chief  powers 20 

taxes   of    10 


INDEX.  77 

Page 

Districts  to  be  corporations 11 

determine  salaries  of  school  boards   39,  42 

truant  officers    39,  42 

receive  aid  for  certificated  teachers 8 

normal   graduates    8 

supervision,    when    72 

from    state,    when 8,  10,  14,  72 

Dog  tax  6 

Doors  to  open  outwards 33 

Employment  of  childre'n     47-55 

certificates    49 

enforcement     of    law    by     truant 

officer    52 

factories  inspected  by  state  board 

of    health,   when 48 

hours  of  labor 48,  49 

illegal     47 

inspectors,  to  be  appointed  by 
superintendent  of  public  in- 
struction    52 

penalties  for    54 

prohibited     47 

in      certain      establish- 
ments       47 

Enumeration  of  children 41 

Establishments  prohibited  from  employing  children 47 

Equalization  fund   8 

Evening  schools     43 

how   established    43 

superintended    43 

Examination  of  teachers  by   superintendent  of  public  in- 
struction    43,  44 

Fire-escapes     33 

Flags  and  flagstaff s 38 

how  paid  for 37 


78  INDEX. 

Page 

Guardiaus  to  send  children  to  school    .......................  55 

penalty    for    neglect  .  .  55 

High  schools,  approved    by    superintendent    of    public    in- 

struction,   when  ...........................  68 

definition  of   ................................  68 

discontinued,  how   ..........................  66 

when    .........................  66 

districts  may  contract  with,  when  ..........  12,  65 

established  by  joint  districts  ................  65 

how    ............................  65 

in  dissolved  special  districts  ................  65 

liability   for   tuition  at  ......................  67 

must  be  maintained  how  ....................  66 

outside  of  state  may  be  contracted  with,  when  69 

must  be  approved  ...........  69 

penalty  tor  failure  to  maintain  ..............  66 

town    to   maintain  ...........................  66 

tuition   rebate   from  state  ...............  7,  8,  9,  67 

to  be  paid  by  town,  when  ...........  66 

Holidays    ..................................................  38 

Industrial  school,  truants  committed  to  ...................  46 

Infectious  diseases   ........................................  45 

Institute    fund    ............................................  59 

Institutes,  how   organized    .  .  ..............................  59 

how  paid  for   ..................................  59 

normal  school  teachers  to  assist  at  ............  61 

teachers  may  attend  ...........................  43 


Keene  Normal  School,  *"    unnmil 

Keene  Union  School  district,  buildings  in  .................  32 

Literary  fund    .............................................  6 

distribution   of    ..............................  6 

for  scholars  attending  high  school  .........  68 


INDEX.  79 

Page 

Literary  fund,  how   raised 6 

may  be  used  for  what 7 

penalty  for  misuse  of 7 

unincorporated  places  may  receive,  when..  7 

Manufacturing   and  other   establishments,   penalty   for   il- 
legal employment  of  children  in 54 

Meetings,  annual    21 

check-list    at    23 

penalty  for  illegal  voting  at 24 

place   of   22 

qualifications   for   voting  at 23 

special,  when    held    21 

money  raised  at    22 

warrant  for   22 

where  held   22 

Minimum  school  year    9 

for  receiving  state  aid 8 

Moderator  of  district,  duty  of    25 

how  chosen   25 

power   of    25 

Money,  acts  of  town  and  district  meetings,  1909 73 

amount  required   by  law     3 

in   addition  to 5 

apportionment  upon  dissolution  of  special  district  14,  15 

appropriation  of    3,  8 

assessed  by   selectmen 3,  5 

assigned  to  districts 4 

dog  tax  tt 

for  conveyance    of   scholars 32 

institutes     59 

high   school   tuition    3 

maintenance  of  high  school     54 

in  dissolved  special 

districts     17 

school    wagons    11,  35 


80  INDEX. 

Page 

Money  for    statutory  requirements   

superintendent's   salary    71 

text-books   and  supplies 3 

literary  fund,  see  literary  fund. 

local    3,  5 

may  be  used  for  what 4 

penalty  for  illegal  use 5 

neglect  to  assess   4 

use    5 

raised  at    special    meeting 20 

by  districts,  for  what 5,  10,  17 

salaries  of  officers     5,  39,  42 

how    paid    5,  42 

state   6-10 

aid,   appropriation  for 8 

average  attendance   basis 7,  8 

for  district  supervision  3 

high    school    tuition 8 

not  received,  when    8 

qualified  teacher  basis   8 

towns  entitled  to,  when 7 

summary  of  sources  of  regular  school  revenue....  10 

New  Hampshire  Genealogical  Society 70 

Normal  School  at  Keene,  appropriation  for  establishment  63 

contract  with  city    62 

establishment    62 

government    63 

maintenance    64 

Plymouth,  establishment     60 

maintenance    61 

trustees    60 

officers    of  board ...  60 

Normal  schools,  courses  of  studies  at 61 

entrance  examinations  to 61 


INDEX.  81 

Page 

Normal  schools,  graduates  of,  entitle  district  to  state  aid  8 

graduation  from 61 

principals  to  select  assistants 61 

tuition  at,  free  when 61 

trustees  of,  may  contract  with  other  towns  63 

to  employ  principal 61 

Officers  of  school  districts    24 

auditor   26 

clerk    25 

eligibility     25 

filling  vacancies  of 25 

manner  of  election   of 25 

moderator     25 

salaries    to    be    determined    by 

district    5 

term   of   office 25 

treasurer    26 

Parents  to  send  children  to  school 55 

penalty  for  neglect   of  55 

Parochial  schools,  scholars  to  be  vaccinated 45 

Physiology  and   hygiene 45 

Private  schools  approved  by  school  board 55 

scholars  to  be  vaccinated 45 

Pupils,  see  scholars. 

Rebate  for  higli  school  tuition     9,  10 

out  of  state 13 

Registers 38 

form  prescribed  by  superintendent  of  public  in- 
struction       58 

furnished  by  state 38 

properly  kept  by  teachers 38 

used  in  private  schools 57 


82  INDEX. 

Paee 

Salaries  of  officers,  how  paid 40 

school    boards    5,  39,  42 

superintendents   71 

truant  officers    5,  39,  40 

Scholars,  admitted  to  other  districts 15 

dismissed,    when    45 

penalty  for  attending  school  illegally 45 

to  be  excluded  from  school,  when 45 

attend  school,  when    55 

where    45 

transportation  of    35 

School  boards  may  dismiss  teachers,  when 36 

penalty  for  illegal  use  of  money  by 5 

neglect  of    duty 39 

to   file   reports 39 

power  of,  to  prescribe  regulations    36 

studies    36 

salaries  of   39,  40 

to  appoint    truant    officers 39 

approve    private    schools 55 

assign  scholars  to  schools 45 

convey  pupils  35 

file  reports  with  superintendent  of  public 

instruction    39 

hire  teachers    35 

prosecute  parents,  when 54 

purchase  flags    37 

text-books   and    supplies 37 

send  notice  to  parents,  when 56 

superintend  evening  schools   43 

town  clerk  to  send  superintendent  of  public 

instruction   names   of 73 

day  and  week  established 42 

penalty  for  disturbance  of 46 

money,  see  money. 


INDEX.  88 

/> 

Page 

School  year,  required  length  of (J 

Schoolhouse  grounds,  enlargement   of    30 

shade  trees   for 32 

lots,  selection  and  purchase  of  in  cities 32 

Schoolhouses   28-35 

appraisal  for  land  damages,  appeal   from....  30 

when   29 

barbed-wire  fences  near    34 

building  in  cities 32 

districts    may    take    possession    of    land    for, 

when   30 

doors  to   open  outward 33 

fire-escapes  on   33 

location  of    28 

appeal    to   county   commissioners  28 

by   school   board,   when 28 

compensation  of  county  commis- 
sioners   in    29 

grievance  on  account  of 28 

term  of   29 

nuisance  in  vicinity  of 34 

power  of  building  committee *. .  28 

saloons  and    34 

selectmen  may  build,    when    31 

remove,    when    31 

shall  be  used  for  what 31 

transferred,  to  care  of  board  by  city  councils  32 

Schools  shall  be  kept,  where 31 

Secondary  schools,  see  high  schools. 

Shade  trees    32 

Special  districts,  dissolution  of    15 

maintenance    of   high    schools    when   dis- 
solved   ip 

trust  funds  of 17 

State  aid  to  schools,  see  money. 


84:  INDEX. 

Page 

Studies,  how  prescribed 36 

Summary  of  sources  of  regular  school  revenue 10 

Superintendent  of  public  instruction,  appointment  of   57 

biennial  report  of....        59 
sent    to 
school 
boards        60 

duties  of    58 

in    connection 
with     normal 

schools    62 

may  appoint  substi- 
tutes to  hold  insti- 
tutes    59 

reports  to  be  filed  with        39 
to    appoint    inspectors 

of  child  labor 52 

to  examine  and  certifi- 
cate  teachers    ....        43 
furnish  registers  ...        38 
have,  power    of    tru- 
ant  officer    56 

hold    institutes 59 

compile    school   laws 

when     59 

enforce      attendance 

laws,  when   56 

issue    service    certif- 

cate,  when    44 

prescribe      form      of 

registers    58 

traveling    expenses    of       60 
schools,  district  may    require  appointment 

of    27,  71 

may    be    employed    by    two    or 
more   districts    71 


INDEX-.''-  85 

Page 

Superintendent  of  schools,  salary  how  paid 72 

Supervision     71-73 

Supervisory  district    71,  72 

how  formed   71 

governed   71 

supported 72 

rebate    from    state    8 

size  of 73 

withdrawal   from 73 

Supplies,  by  whom  purchased   37 

how  paid  for   37 

Tax,  dog    6 

for  school  purposes    3,  5 

of  ward,  where   4 

Taxes  of  district   11 

Teachers,  dismissal   of 36 

examination  of    43 

hiring  of    35 

list  of  certificated 44 

may  attend  institutes    43 

right  to   hearing    36 

to  keep  registers  39 

Text-books,  by   whom    purchased    37 

how  paid  for  37 

not  to  favor  particular  sect  or  party 38 

Town  clerks  to  report  local  school  board 73 

Transportation   of   scholars    35 

Treasurer  of  district  26 

Truant  officers,  authority    of    41 

duties  of   •  40 

salaries   of    39,  40 

superintendent    of    public    instruction    to 

have-  power  of  56 

to  be  appointed  by  whom 39 

Trustees  of  normal  schools,  see  normal  schools. 


86  INDEX. 

Page 

Vaccination    45 

Voters,   check-list  of 23 

Voting,  penalty    for    illegal 24 

qualifications 23 

Vehicles,  see  wagons. 

Wagons,  district  to   raise  money  for 11,  35 

Warrant  for  school  meeting 22 

Weeks,  school,  in  absence  of  contract 42 

Year,  minimum  school    9 

for  receiving  state  aid 7 


YB 


249437 


